WO2001096569A1

WO2001096569A1 - Expression modulating sequences

Info

Publication number: WO2001096569A1
Application number: PCT/AU2001/000697
Authority: WO
Inventors: Joseph Attila Rothnagel; Xue-Qing Wang
Original assignee: The University Of Queensland
Priority date: 2000-06-13
Filing date: 2001-06-13
Publication date: 2001-12-20
Also published as: AU2001273738B2; AU7373801A; US7041483B2; US20020111322A1

Abstract

The present invention relates generally to a method for modulating expression of a genetic sequence and to agents useful for same. More particularly, the present invention provides a means for modulating expression of a genetic sequence by introducing, creating or deleting one or more pseudo-translation initiation sites in the nucleotide sequence of an mRNA, upstream, i.e. 5', of the authentic translation initiation site of an open reading frame. The present invention provides further modulation of expression by introducing, creating or removing Kozac or Kozac-like sequences genetically proximal to the pseudo-translation initiation site(s). Modulation of expression is further manipulated by the introduction, creation or removal of a termination signal prior to the authentic translation initiation site or after this site but in a different reading frame relative to the reading frame determined by the authentic translation initiation site. The present invention further provides genetic agents including a plurality of nucleic acid molecules each with a predetermined number of pseudo-translation initiation sites and/or pseudo-open reading frames (ORFs) wherein each sequence influences or otherwise contributes to a particular level of expression for genetic sequences operably linked or associated to the 3' end of said nucleic acid molecules. The level of expression of the genetic sequences is commensurate with a selected nucleic acid molecule which becomes a 5' untranslated or leader region (5'UTR) of said genetic sequence. The present invention still further contemplates a method for detecting a disease condition such as cancer or a proliferative disorder wherein the disease condition is associated with a particular level of expression of a gene or other genetic sequence. Such a method is predicated in part on identifying a particular 5'UTR or 5'UTR-encoding sequence or the level of pseudo-translation initiation sits therein alone or in combination with pseudo-ORFs which provides an indication as to the likely level of expression of said gene or genetic sequences. The ability to modulate the level of expression of a genetic sequence is useful, inter alia, for gene therapy applications and for expressing traits at selective levels in plants. Such traits include herbicide and pesticide resistance.

Description

EXPRESSION MODULATING SEQUENCES

FIELD OF THE INVENTION

The present invention relates generally to a method for modulating expression of a genetic sequence and to agents useful for same. More particularly, the present invention provides a means for modulating expression of a genetic sequence by introducing, creating or deleting one or more pseudo-translation initiation sites in the nucleotide sequence of an mRNA, upstream, i.e. 5', of the authentic translation initiation site of an open reading frame. The present mvention provides further modulation of expression by introducing, creating or removing Kozac or Kozac-like sequences genetically proximal to the pseudo-translation initiation site(s). Modulation of expression is further manipulated by the introduction, creation or removal of a termination signal prior to the authentic translation initiation site or after this site but in a different reading frame relative to the reading frame determined by the authentic translation initiation site. The present invention further provides genetic agents including a plurality of nucleic acid molecules each with a predetermined number of pseudo-translation initiation sites and/or pseudo-open reading frames (ORFs) wherein each sequence influences or otherwise contributes to a particular level of expression for genetic sequences operably linked or associated to the 3' end of said nucleic acid molecules. The level of expression of the genetic sequences is commensurate with a selected nucleic acid molecule which becomes a 5' untranslated or leader region (5'UTR) of said genetic sequence. The present invention still further contemplates a method for detecting a disease condition such as cancer or a proliferative disorder wherein the disease condition is associated with a particular level of expression of a gene or other genetic sequence. Such a method is predicated in part on identifying a particular 5'UTR or 5'UTR-encoding sequence or the level of pseudo-translation initiation sits therein alone or in combination with pseudo-ORFs which provides an indication as to the likely level of expression of said gene or genetic sequences. The ability to modulate the level of expression of a genetic sequence is useful, inter alia, for gene therapy applications and for expressing traits at selective levels in plants. Such traits include herbicide and pesticide resistance. BACKGROUND OF THE INVENTION

Bibliographic details of the publications numerically referred to in this specification are collected at the end of the description.

Reference to any prior art in this specification is not, and should not be taken as, an acknowledgment or any form of suggestion that this prior art forms part of the common general knowledge in Australia or any other country.

For most eukaryotic mRNAs, translation initiates with the binding of the cap binding protein to the mRNA cap structure. This is then followed by the binding of several other translation factors, as well as the 43 S ribosome pre-mitiation complex. This complex travels down the 5' region of the mRNA molecule while scanning for an initiation codon in an appropriate sequence context. Once the initiation codon has been found and with the addition of the 60S ribosomal subunit, the complete 80S initiation complex initiates protein translation (1,2,3). A second class of mRNAs have been identified which possess translation initiation features different from those described above. Translation from these mRNAs initiates in a cap-independent manner and is believed to initiate with the ribosome binding to internal portions of the leader sequence (4,5,6,7). Most 5' untranslated leader sequences are very A,U rich and are predicted to lack any significant secondary structure. One of the early steps in translation initiation is the relaxing or unwinding of the secondary mRNA structure (6). Messenger RNA leader sequences with negligible secondary structure may not require tins additional unwinding step and may, therefore, be more accessible to the translation initiation components. The ability of a leader sequence to interact with translational components may play a key role in affecting levels of subsequent gene expression.

In work leading up to the present invention, the inventors sought to identify 5' leader sequences which might be responsible for the regulation of gene expression. The gene initially chosen for investigation was the GLI1 gene. The gene GLIl was originally isolated as a highly amplified gene in a malignant glioma (8) and subsequently implicated in the development of other tumor types, including liposarcoma, rhabdomyosarcoma, osteosarcoma and astrocytoma (9,10). It has been shown that GLIl encodes a transcription factor which is a downstream nuclear component of the Sonic Hedgehog/Patched (SHH/PTC) signalling pathway (11,12,13). This pathway is evolutionarily conserved and found to operate in a number of tissues during vertebrate development and especially in regions involving mesoderm-ectoderm interactions (14,15,16,17). Intercellular signalling by this pathway is initiated when SHH (a secreted protein) binds to PTC (a cell-surface transmembrane protein), resulting in the activation of GLIl in the nucleus and subsequent expression of target genes. Over-expression of SHH has been shown to upregulate GLIl in the chick limb buds and in the epidermal ectoderm of frog embryos (18,19) whereas, GLIl expression is undetectable in SHH null embryos (20,21), confirming that SHH signalling regulates GLIl expression.

The discovery of PTC mutations in familial and sporadic forms of basal cell carcinoma (BCC), the most common skin cancer, has associated aberrant signalling of the SHH/PTC pathway with the formation of these tumors (22,23,24). The genetic data are supported by experimental evidence showing that over-expression of SHH and other components of this pathway results in the induction of BCCs in transgenic mice and transgenic human skin (25,26,27). Over-expression of GEH produces BCC-like lesions in transgenic tadpoles (28) and transforms rodent epithelial cells in cooperation with adenovirus ΕIA (29) indicating that unregulated expression of GLIl is oncogenic. Studies have shown that GLIl expression is greatly increased in BCCs but not in the surrounding normal tissue consistent with a central role in tumor formation (28,30,31).

In addition to GLIl, two other isoforms have been identified in vertebrates (termed "GLI2 " and "GLI3 "), each encoded by a separate gene (15,17). The GLI genes are highly expressed during development and their expression profiles correlate with organogenesis but show only low level expression in most adult tissues (14,16,17). In the skin, GLIl expression is readily observed in the epidermal compartment of the developing hair follicle whereas GLI2 and GLI3 transcripts were detected in the surrounding mesenchyme (17,28,31). The role of each GLI in mediating the SHH signal is not yet clear but recent gene ablation studies on GLI2 and GLI3 have shown overlapping roles and indicated some functional redundancy (32). A number of studies have indicated that GLIl encodes a transcriptional activator, whereas GLI2 and GLI3 encode factors which can act as both an activator or a repressor depending on specific post-translational modifications (33,34,35). Interestingly, GLI2 and GLI3 are now thought to regulate GLIl transcription directly by binding to the GLIl promoter (33,35).

In accordance with the present invention, the subject inventors have now identified alternative 5'UTRs of GLIl transcripts in mammalian tissues which are generated by exon skipping and which confer marked differences in translation efficiency. The inventors' results indicate that post-transcriptional regulation of GLIl is mediated by the 5'UTR generated through exon skipping and show an association of the most efficiently translated 5'UTR transcript with BCC and cellular proliferation.

More particularly, the inventors surprisingly determined that by altering the number of sequence elements corresponding to pseudo-translation initiation sites, i.e. RUG or RTG triplets (where R is A or G), within the leader sequence of a nucleic acid molecule and prior to the authentic translation initiation site alone or in combination with termination signals in the 5' UTR or in a different reading frame within the coding sequence and/or in the 3' UTR, it is possible to modulate gene expression. In a further determination, the present inventors identified that altering nucleotide sequences proximal to the RUG or RTG triplets within a leader sequence also permitted the regulation of gene expression. Thus, the subject inventors have developed a method for the regulation of gene expression in eukaryotic cells including animal cells and plant cells. Furthermore, the identification of expression modulating sequences enables determination to be made as to expected levels of gene expression such as in certain disease conditions or to express traits at selective levels in animal and plant cells. SUMMARY OF THE INVENTION

Throughout this specification, unless the context requires otherwise, the word "comprise", or variations such as "comprises" or "comprising", will be understood to imply the inclusion of a stated element or integer or group of elements or integers but not the exclusion of any other element or integer or group of elements or integers.

Nucleotide and amino acid sequences are referred to by a sequence identifier number (SEQ ID NO:). The SEQ ID NOs: correspond numerically to the sequence identifiers <400>1, <400>2, etc. A sequence listing is provided after the claims.

The present invention is predicated in part on the proposition that the level of expression of a genetic sequence is proportional or otherwise dependent or influenced by the number of pseudo-translation sites in the 5' leader sequence upstream of the authentic translation initiation site alone or in combination with pseudo-open reading frames (pseudo-ORFs) in or beginning in the 5' leader sequence. A pseudo-ORF is also known as an upstream ORF (uORF). The authentic translation initiation site is regarded as the RTG or RUG triplet, where R is A or G, at the beginning of an open reading frame or coding sequence. A pseudo-translation initiation site is regarded as an RTG or RUG located in the 5' nucleotide sequence upstream of the authentic translation initiation site. The term "pseudo" is used to distinguish these sites or triplets from the authentic RTG or RUG triplet, h accordance with the present invention, it is proposed that elevated expression of a genetic sequence, which comprises an open reading frame and an authentic translation initiation site and a leader sequence upstream of said authentic translation initiation site, occurs when RTG/RUG triplets are removed or destroyed in the upstream sequence. Conversely, expression is reduced by introducing or creating pseudo-translation initiation sites. Furthermore, pseudo-ORFs may be present or created or removed by the introduction of one or more termination signals within the 5' leader sequence or in a different reading frame within the coding sequence or within the 3 'UTR.

One of the many implications of the present invention is the ability to design genetic elements which permit the controlled expression of a genetic sequence, to which they are operably connected or associated, to expected levels in animal, mammalian (including human) and plant cells. For example, a plurality of genetic elements are produced each with a different number of pseudo-translation initiation triplets, i.e. RTG or RUG where R is A or G. Where high expression of a genetic sequence is required, a genetic element is selected with no or few pseudo-translation initiation sites and this is fused to the 5' end of the genetic sequence or inserted into a 5' leader sequence associated with said genetic sequence. When the resulting construct is operably linked to a promoter, higher expression of the genetic sequence is expected relative to a genetic element comprising a greater number of pseudo-translation initiation sites. Modulation of expression further comprises the introduction or removal of termination signals to create pseudo-ORFs in or beginning in the 5' leader sequence and terminating in the 5' leader sequence, within the main ORF (authentic ORF) but in a different reading frame and/or in a 3 'UTR.

A plurality of genetic constructs may also be generated each comprising a genetic element having a predetermined number of pseudo-translation initiation sites. When expression of a genetic sequence is required, the genetic sequence is ligated into the construct downstream of the genetic element.

The identification of genetic markers of expression, i.e. the number of pseudo-translation initiation sites and optionally pseudo-ORFs, further enables the determination of the likely level of expression of a gene under investigation such as a gene involved in disease including cancer or a proliferative disorder. Furthermore, various traits may be expressed at selective levels in animal and plant cells

The present invention provides, therefore, a method for diagnosing or predicting the likely level of expression of a target gene based on the number of pseudo-translation initiation triplets in its 5' sequence, upstream of the authentic translation initiation site and/or the number of pseudo-ORFs in the target gene in animal and plant cells.

Accordingly, the present invention contemplates for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic translation start site, said method comprising introducing or removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation imtiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

The modulation of expression of a subject genetic sequence may also involve manipulating nucleotide sequences proximal to a pseudo-translation initiation site to introduce, create or remove Kozac or Kozac-like sequences and/or introducing or removing termination signals to create or destroy pseudo-ORFs in the nucleotide sequence. The presence of such a sequence is proposed to enhance the function of a pseudo-translation initiation site thereby further decreasing expression of a downstream genetic sequence.

Another aspect of the present invention contemplates a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG corresponding to an authentic translation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or removing one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

Yet another aspect of the present invention further contemplates a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RUG corresponding to a translation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said translation start site, said method comprising introducing or removing one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

Still another aspect of the present invention contemplates, therefore, a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG or RUG triplet.

Still yet another aspect of the present invention provides a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RTG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG triplet.

Even yet another aspect of the present invention relates to a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RUG triplet.

A further aspect of the present invention contemplates a method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG where R is A or G corresponding to an authentic translation imtiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or creating one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RTG or RUG triplets.

Another aspect of the present invention contemplates, therefore, a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG corresponding to an authentic translation initiation site and a nucleotide sequence 5' of said authentic translation start site comprising the sequence:-

[x x₂ ^πx ]_r{n-n₂ ^π ...n-}_s[y ^Iy-y ]RT/UG [z₁z₂..._Zn]_t

wherein:

RT/UG is the authentic translation initiation site and R is A or G; n, n¹, n¹¹ and n^II1[ are nucleotides selected from A, T or U, C or G or I; {n₁n₂ ... n_a }_m , {n|n₂...n }₀ , {n n, ..u°}_p and {n₁ ^mn₂ ^D ...n™}_s represent nucleotide sequences of a, b, c or d nucleotides in length and where each of n, n¹, n^π and n may be the same or different and its position is indicated by the subscript numeral \, ₂,

[Z_JZ_J .-.Z_J represents a translation termination signal within an authentic ORF but not in the same reading frame as said authentic ORF; each of m, n, o, p, q, r or s may be the same or different and each is 0 or 1 or if there is a repeat or multiple repeats, from about 2 or about 10; t is 0, 1 or >l; each of [xiXaXs ' [^xιX₂ ^x3jp

*^s selected from the triplet RTG, RUG, RYG, RTY¹, RY^πG, RUY¹¹¹, ATG, GTG, AUG and GUG where R is A or G, and each of Y, Y¹, Y^π and Y^ιπ may be the same or different and each is a nucleotide with the proviso that Y is not T, Y¹ is not G, Y^π is not U and Y^πι is not G; each of |yϊy₂y₃j, [y y₂y°j and [y y J represents a translation termination signal; and said method comprising altering the nucleotide triplets [x₁x₂ ^χ ₃]_n '

to introduce or remove an RTG or RUG to thereby respectively decrease or increase the level of expression of said genetic sequence.

Yet another aspect of the present invention provides a nucleotide sequence for use in modulating the expression of a genetic sequence wherein said genetic sequence comprises a coding region comprising a translation initiation site and optionally a 5' leader sequence such that said nucleotide sequence comprising a predetermined number of RTG or RUG triplets such that upon operable linkage to the 5' end of the genetic sequence, the level of expression of said genetic sequence is determined by the number of RTG/RUG triplets.

Still another aspect of the present invention further provides a plurality of nucleotide sequences each comprising a predetermined number of RTG or RUG triplets wherein R is A or G wherein said predetermined number is from 0 to about 100 and preferably from about 0 to about 50 and even more preferably from about 0 to about 15 such that to facilitate expression of a genetic sequence to a particular level, a particular nucleotide sequence is selected and inserted or placed between a promoter and said genetic sequence such that the promoter is operably linked to said genetic sequence and wherein the level of expression is inversely functionally associated with the number of RTG or RUG triplets.

Still yet another aspect of the present invention is directed to an isolated nucleic acid molecule comprising a nucleotide sequence encoding a 5' mRNA sequence, said mRNA sequence selected from SEQ ID NO:l to SEQ ID NO:5 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO:l to SEQ ID NO:5 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO:l to SEQ ID NO:5 or a complementary form thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence.

Even yet another aspect of the present invention provides an isolated nucleic acid molecule comprising a nucleotide sequence encoding a non-translated mRNA sequence, said nucleotide sequence selected from SEQ ID NO:33 to SEQ ID NO:36 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO:33 to SEQ ID NO:36 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO:33 to SEQ ID NO:36 or complementary forms thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence.

A further aspect of the present invention contemplates a genetic construct comprising a promoter linked to a genetic element and one or more restriction endonuclease sites to facilitate insertion of a nucleotide sequence to be expressed by said promoter wherein said genetic element comprises a predetermined number of pseudo-translation initiation RTG/RUG triplets wherein R is A or G such that the level of expression of said nucleotide sequence by said promoter is inversely functionally associated with the number of RTG RUG triplets in said genetic element.

Another aspect of the present invention contemplates a method for modulating expression of a genetic sequence, wherein said genetic sequence comprises an ORF with an authentic translation initiation site and further comprising a sequence upstream of said authentication translation initiation site where said method comprises introducing, creating or removing one or more pseudo-translation initiation triplets having the structure RWG wherein R is A or G and W is T or U in combination with introducing, creating or removing a Kozac or Kozac-like sequence proximal to said RWG such that the number of RWG triplets and Kozac or Kozac-like sequences is inversely functionally associated with expression of said genetic sequence.

In all the above aspects, the genetic sequence may be further manipulated to introduce or remove termination signals thereby creating or destroying pseudo-ORFs within the genetic sequence.

Another aspect of the present invention provides an isolated nucleic acid molecule comprising a nucleotide sequence encoding a non-translated mRNA sequence, said nucleotide sequence selected from SEQ ID NO:59 or 60 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO: 59 or 60 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO: 59 or 60 or complementary forms thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence.

A summary of sequence identifiers used throughout the subject specification is provided below.

SUMMARY OF SEQUENCE IDENTIFIERS

BRIEF DESCRIPTION OF THE FIGURES

Figure 1 is a representation of the sequence, exon composition and pre-mRNA structure of the alternative 5'UTRs of mouse GLIl. Panel A, sequence alignment of the three alternative GLIl 5'UTR variants (denoted α-UTR, /5-UTR and γ-UTR) expressed in mouse. The novel 119 bp sequence of exon la is shown in bold lowercase lettering. The ATG codons denoting the beginning of uORFs are underlined and the main ORF encoding GLIl is shown bold uppercase lettering. The intron/exon boundaries are indicated by arrows. Panel B, schematic showing the exon composition of the alternative 5'UTRs and the organization of the pre-mRNA from which they are derived. Exons are denoted by open boxes and introns by solid lines with intron size shown. The translation start site (ATG) of the main ORF is located in exon 2 and indicated by a bent arrow.

Figure 2 is a photographic representation showing that expression of alternative GLIl 5'UTRs is not tissue specific but does show strain variation. RT-PCR was performed on mRNA isolated from brain (Br.), liver (Li.), Lung (Lu.), skin (Sk.), stomach (St.) and tongue (To.) tissues of a postnatal mouse (panel A). A signal for the -UTR and γ-UTR variants is also present in all tissues examined but barely discernible. Panel B, in BALB/c, DBA and C57B1/6 strains, the α-UTR variant is the major transcript (BALB/c is shown in lane 1), whereas the j3-UTR variant is the dominant transcript in CD-I and SV129 strains (CD-I is shown in lane 2)The DNA marker (M) is also indicated.

Figure 3 is a photographic representation showing that expression of the GLIl 5'UTR variants is altered by TPA treatment. The expression of the γ-UTR transcript is increased, whereas expression of the α-UTR is reduced, in TPA treated skin (+) relative to control skin (-). The DNA size marker is indicated (M).

Figure 4 is a representation of the sequence, exon composition and pre-mRNA structure of alternative human GLIl 5'UTRs. Panel A, sequence alignment of the alternative GLIl 5'UTR variants identified in human tissues (denoted β-UTR and γ-UTR). The novel 144 bp sequence of exon la is shown in bold lowercase lettering. The ATG codons denoting the beginning of uORFs are underlined and the main ORF encoding GLIl is shown in bold uppercase lettering. The intron/exon boundaries are indicated by arrows. Panel B, schematic showing the exon composition of the alternative 5'UTRs and the organization of the pre-mRNA from which they are derived. Exons are denoted by open boxes and introns by solid lines with intron size shown. The translation start site (ATG) of the main ORF is located in exon 2 and indicated by a bent arrow. Panel C, comparison of human exon la sequences with mouse exon la. Identical bases are indicated with *.

Figure 5 is a photographic representation of the detection of human GLIl 5'UTR variants by RT-PCR. RT-PCR results from skin, brain, the HaCaT human keratinocyte cell line (HaC), two BCC biopsies and a no-RNA control (dH₂O) are shown. A DNA size marker (M) is also included.

Figure 6 is a representation of the GLIl 5'UTR variants differentially express a GFP reporter construct in transfected cells. Panel A, a diagram showing the GFP constructs used in the transfection studies. The mouse GUI 5'UTR sequences were cloned upstream of the GFP ORF as indicated. pEGFP-Nl represents the parent GFP construct. Panel B, GFP fluorescence observed in Cos-1 cells transfected with the GFP expression vector alone (GFP), α-UTR- (α), /3-UTR- (β) and γ-UTR- (γ) GFP constructs. Transfection efficiency was determined by counting GFP expressing cells, which revealed that each construct was transfected with the same efficiency (within experimental limits).

Figure 7 is a representation of flow cytometry analysis of 5'UTR-GFP constructs in transfected cells. Panel A shows a fluorescence intensity histogram compiled from the analysis of twenty thousand cells per sample for each construct (see Figure 6) in transfected Cos-1 cells. The peak closest to the vertical axis is due to untransfected cells (negative cells) which show low fluorescent intensities due to autofluorescence. The second peak represents fluorescence from transfected cells that express GFP. The four histograms representing each GFP construct were merged to allow direct comparison of fluorescence intensities. This analysis revealed that the γ-UTR construct produced the highest GFP intensities (mean value 1.045 x 10³) and the α-UTR the lowest (mean value 6.2 x 10^!). Panel B, graphical representation of GFP intensities of the 5'UTR variants relative to the empty GFP vector (defined as 100) in transfected BHK-21 (BHK), Cos-1 and HaCaT cells. Panel C, graphical representation of the ratios of GFP intensities between 5'UTR variants in the cell lines indicated. The γ-UTR/α-UTR (El γ/α) and γ- UTR//3-UTR ( γ/|8) ratios are shown for constructs transfected into BHK-21 (BHK), Cos-1, primary mouse skin fibroblasts (MSF) and HaCaT cells. The largest differences in GFP fluorescence between the γ-UTR and the α- and /3-UTR variants was observed in HaCaT cells. The values shown are the averages of three independent transfection and cell sorting experiments.

Figure 8 is a graphical representation showing flow cytometry analysis of mutant 5'UTR- GFP constructs in transfected cells. A graphical representation of GFP intensities of wild- type α-UTR ( ), mutant α-UTR (cT^ut), wild-type γ-UTR (γ) and the 4mer γ-UTR ( ⁴) constructs relative to the empty GFP vector in Cos-1 cells. The values shown are the averages of three independent transfection and cell sorting experiments.

Figure 9 is a representation showing that increasing numbers of uORFs in a 5' leader sequence prior to a reporter gene decreased the level of expression represented as a percentage.

Figure 10 is a diagrammatic representation of plasmid constructs (A) pSLJ4D4 and (B) pUQC1411.

Figure 11 is a diagrammatic representation of plasmid constructs (A) pUQC1451, (B) pUQC1461 and (C) pUQC1471.

Figure 12 is a diagrammatic representation of plasmid constructs (A) pUQC1483, (B) pUQC1495, (C) pUQC1501 and (D) pUQC1511. DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

The present invention is predicated in part on the elucidation that the level of expression of a genetic sequence is related to the presence and/or number of pseudo-translation initiation sites located 5', i.e. upstream, of an authentic translation initiation start site of an open reading frame (ORF) or coding sequence and the presence or absence of a Kozac or Kozac-like sequence genetically proximal to RTG triplets in DNA or RUG in RNA where R is adenine (A) or guanine (G). Manipulation of the nucleotide sequence 5' of the authentic translation initiation site to introduce, create or remove RTG RUG triplets and/or to introduce Kozac or Kozac-like sequences provides a means of reducing or elevating, i.e. modulating, the level of expression of a transcript of the DNA in an eukaryotic cell such as an animal (e.g. insect, fish, amphibian), mammalian (e.g. human, primate, livestock animal or laboratory test animal) or lower eukaryotic cell.. The genetic sequence may be further manipulated to introduce or remove termination signals to create or destroy pseudo-ORFs within the genetic sequence. A pseudo-ORF may be located entirely within a 5'UTR or may extend into the coding region, referred to herein as the "authentic ORF" or "main ORF". In the case of the latter, there would necessarily be a stop codon not in the same reading frame as the authentic ORF. The pseudo-ORF may even extend into the 3 'UTR.

The term "expression" in this context particularly encompasses translation into a translation product and in particular a polymer of two or more amino acids. The presence or absence of RTG/RUG sites and/or Kozac or Kozac-like sequences also has diagnostic value in the prediction of the likely level of expression of a particular target gene. Furthermore, a plurality of genetic elements in the form of nucleic acid molecules may be produced each with differing levels of RTG/RUG triplets and genetically proximal Kozac or Kozac-like sequences and used to generate genetic constructs conferring defined levels or predetermined expectations of levels of expression of nucleotide sequences operably linked or fused to each of the nucleic acid molecules.

Accordingly, the present invention contemplates a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic translation start site, said method comprising introducing or removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

Reference herein to "modulating" means increasing or decreasing the level of expression of a genetic sequence. Generally, expression of a DNA sequence includes transcription to an mRNA sequence and optionally also translation of the transcript to a translation product, generally a polymer of two or more amino acids such as a peptide, polypeptide or protein. Expression of an RNA and in particular an mRNA sequence generally means translation into a translation product. Accordingly, expression covers transcription and/or translation and events including post-transcriptional and post-translational events. In a particularly preferred embodiment, expression is determined at the level of translation of an mRNA molecule.

The term "authentic" translation initiation site is used to distinguish between an RTG or RUG, where R is A or G at the beginning of the authentic (i.e. main) ORF and RTG/RUG triplets upstream of the authentic site. The upstream RTG/RUG triplets are referred to herein as "pseudo-translation initiation sites" as they may have some role in ribosome binding at that site but this is not the correct site for translation of the authentic ORF. The term "pseudo-open reading frame" or "pseudo-ORF" means a translatable region between initiation and termination signals within the 5' leader sequence or beginning in the leader sequence but terminating within the coding region downstream of the authentic translation initiation site or in the 3' region. A termination signal in the main ORF would be in a different reading frame.

The term "genetic sequence" includes a DNA or RNA and comprises an ORF having an

RTG or RUG translation initiation site where R is A or G. This is regarded as the authentic translation initiation site. The genetic sequence further comprises a nucleotide sequence 5' of the authentic translation initiation site. The 5' sequence may also be referred to as a "leader sequence", "upstream sequence", "5' non-coding sequence" or 5'UTR. The genetic sequence provides information necessary to direct the transcription of a DNA molecule or the translation of an mRNA molecule. The term "genetic sequence" includes nucleotide sequences defining exons, introns, terminators, promoters including enhancers and silencers and the coding and non-coding regions of an ORF or gene. Reference herein to an "mRNA" or "messenger RNA" refers to a ribonucleic acid molecule which is generated by the transcription of a DNA sequence.

In one embodiment, the genetic sequence is DNA.

Accordingly to this embodiment, the present invention contemplates a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG corresponding to an authentic translation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or removing one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

In another embodiment, the genetic sequence is RNA.

Accordingly, the present mvention further contemplates a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RUG corresponding to a translation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said translation start site, said method comprising introducing or removing one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

The term "translation initiation site" or "initiation codon" refers to the RTG/RUG (R = A or G) that is selected as the initiating RTG/RUG for the translation of an RNA sequence comprising a translatable ORF. It is generally understood that genetic elements including nucleotides proximal to the translation initiation RTG or RUG provide part of the initiation information. Although the present invention extends to an RTG/RUG where R is A or G, the preferred R nucleotide is A. The translation initiation site may be "authentic", i.e. the correct start .site of an ORF or it may be "pseudo" if located upstream of the authentic start site.

The term "open reading frame" or "ORF" refers to a sequence of nucleotide triplets between start and stop codons, uninterrupted by internal stop codons. A "triplet" refers to a series of three nucleotides. Generally, an ORF encodes a peptide, polypeptide or protein. A genetic sequence to be expressed, in accordance with the present invention, is proposed to comprise an ORF and an upstream nucleotide sequence. The level of expression is proposed to be determined by the number of RTG/RUG triplets in this upstream sequence. Furthermore, the level of expression is proposed to be influenced by the number of pseudo- ORFs within the genetic sequence. These can be created or destroyed by introducing termination signals in the 5' leader sequence or, in a different reading frame, in the coding sequence downstream of the authentic translation initiation site or in the 3' region.

As stated above, reference herein to a "5' nucleotide sequence" refers generally to a 5' leader sequence, an upstream sequence (i.e. upstream of an ORF or authentic translation initiation site) or a 5' untranslated region or 5'UTR. The term "untranslated region" or "UTR" is a term of art referring to the particular location of a genetic sequence relative to the franslation initiation site. However, the use of these terms is not to exclude the possibility that some partial translation may occur in this region. The 5' leader sequence is, therefore, a genetic element located 5' to the coding region of an mRNA transcript and provides the information necessary for correct translation initiation (i.e. the selection of a translation initiation site). The 5' leader sequence is further defined as that portion of an mRNA molecule which extends from the 5' cap site to the RUG translation initiation codon. The term "cap" refers to the 7-methyl guanosine nucleotide structure present at the very 5' end of the mRNA transcript.

The term "translation" refers to the multi-step biochemical pathway of translation. The regulation of translation and protein synthesis is the basis of cellular growth and differentiation. The term "translation" further relates to cap-dependent initiation and ribosome shunting cap. Dependent translation initiation is the major translation initiation pathway in eukaryotic cells. In this process, dissociated 40S ribosomal subunits "scan" an mRNA to identify and locate the start or initiation codon. Once an initiation complex has been formed between the 40S subunit and the 5' leader sequence of the mRNA, the 60S ribosomal subunit joins the initiation complex to form the 80S ribosome. This complex is then competent to initiate translation. Ribosome shunting is another pathway of translation initiation in which ribosomes bind to the mRNA in a cap-dependant manner, however, they are capable of "jumping" over large regions of the mRNA containing RNA secondary structure, upstream RUGs and upstream (uORFs) to a specific initiator RUG. The term "translation" encompasses all such mechanisms.

Reference herein to "RTG" or "RUG" refers to a nucleotide triplet composed of deoxyribonucleotides and ribonucleotides, respectively. The symbol R referred to herein refers to a purine selected from the group of G and A. As stated above, A is the preferred R nucleotide although the present invention extends to A or G.

By "DNA" or "RNA" is meant a sequence of two or more naturally occurring deoxyribonucleotides or ribonucleotides that are covalently bonded together. The deoxyribonucleotides or ribonucleotides may be naturally occurring (i.e. A, C, T, U, G) or non-naturally occurring including modified forms of the ribonucleotides. One example of a modified RNA included within this term is phosphorothioate RNA. The term "RNA" also encompasses RNA molecules comprising a series or mixture of modified nucleotide analogues. Such modified RNA molecules provide more stable substrates for translation when introduced in to a host cell. As used herein "oligonucleotide" or "oligomer" is generic to polydeoxyribonucleotides (containing 2'-deoxy-D-ribose or modified forms thereof), i.e. DNA, to polyribonucleotides (contaimng D-ribose or modified forms thereof), i.e. RNA, and to any other type of polynucleotide which is an N-glycoside or C-glycoside of a purine or pyrimidine base, or modified purine or pyrimidine base. The present invention further contemplates DNA/RNA hybrids which may be transcribed by a DNA or RNA polymerase.

The present invention provides, therefore, chemically modified nucleic acid molecules including nucleic acid molecules with chemically modified bases and/or inter-base linkages which may be introduced directly into a cell, such as by way of a linear strand or strands of nucleic acid molecules and then transcribed or translated by a cell's transcription/translation machinery. Alternatively, such nucleic acid molecules may be introduced via viral constructs. Such modified forms of nucleic acid molecules may be more stable especially to exonuclease or ribonuclease digestion notwithstanding a possible decrease in transcription or translation efficiency.

In one embodiment, the modulation results in an increase or elevation in the levels of expression of a genetic sequence. This occurs by removing RTG or RUG sites in the 5' leader region of the genetic sequence.

Reference in this case to a 5' leader sequence "of the genetic sequence" includes the leader sequence naturally associated with the genetic sequence or a 5' sequence ligated to the 5' end of a genetic sequence. The genetic sequence may be considered, therefore, as comprising a heterologous 5' leader sequence or homologous 5' leader sequence depending on whether the 5' leader sequence is naturally associated with a genetic sequence (i.e. homologous) or is introduced (i.e. heterologous).

Another aspect of the present invention contemplates, therefore, a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG or RUG triplet. The term "authentic" is not to necessarily imply a naturally occurring start site although this is encompassed by the present invention. An authentic start site may be introduced but nevertheless is the franslation start site for an ORF. Reference to "removing" one or more RTG or RUG triplets includes changing a single base to destroy a RTG RUG triplet or deleting the triplet altogether or deleting a nucleotide sequence comprising or particularly contaimng the RTG/RUG triplet. Furthermore, an RTG/RUG triplet may be disrupted or removed by inserting a nucleotide sequence between an RT or RU or between TG or UG.

In one embodiment, the genetic sequence is DNA.

Accordingly, the present invention provides a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RTG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG triplet.

Removal of an RTG site is as defined above for the removal of an RTG or RUG. In both cases, the preferred R is A.

In another embodiment, the genetic sequence is RNA.

Accordingly, the present invention relates to a method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RUG triplets in said 5' nucleotide sequence upsfream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RUG triplet.

In another preferred embodiment, the modulation results in a decrease or reduction in the levels of expression. This occurs by introducing or creating RUG or RTG triplets in the 5' leader sequence region.

Accordingly, the present invention contemplates a method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG where R is A or G corresponding to an authentic translation imtiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or creating one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RTG or RUG triplets.

Again, the genetic sequence may be DNA or RNA.

In the case of DNA, the present invention provides a method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RTG where R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or creating one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RTG triplets.

In the case that the genetic sequence is RNA, the present invention is directed to a method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RUG where R is A or G corresponding to an authentic translation initiation site and a nucleotide sequence 5' of said authentic translation imtiation site of said ORF, said method comprising introducing or creating one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RUG triplets.

The introduction, creation or removal of an RUG or RTG triplet where R is A or G may be accomplished in any number of ways including site directed mutagenesis, homologous recombination or chemical or physical mutagenesis and may involve amplification reactions such a polymerase chain reactions with selected primers. For example, an RUG or RTG site may be created from an XUG or XTG triplet where X is neither A nor G by site directed mutagenesis to induce a substitution of X to an A or G. Similarly, mutagenesis may be used to convert RXG to RTG or RUG, RUX to RUG or RTX to RTG. Alternatively, short nucleotide sequences may be inserted or deleted to introduce or remove RTG or RUG triplets. Reference to removing an RTG or RUG triplet is not to be taken as necessarily deleting the three bases since nucleotide substitutions, deletions and/or additions may be induced to create or desfroy a particular sequence.

Again, these embodiments include the manipulation of termination signals to create or desfroy pseudo-ORFs within the leader sequence or beginning in the leader sequence and ending in the coding sequence or in the 3' region after the coding sequence. The present invention extends, therefore, to introducing or removing pseudo-ORFs within the 5' leader sequence and/or authentic ORF and/or the 3 'UTR..

Site directed mutagenesis of a 5' leader sequence is one particularly useful method for the production of a variant having an RTG/RUG triplet created or removed. Site-directed mutagenesis of DNA is a method of altering a nucleotide sequence at one or more desired positions. Site-directed (i.e. site-specific) mutagenesis allows the production of sequence variants through the use of oligonucleotide sequences that encode a complementary DNA sequence comprising the desired mutation, as well as a sufficient number of adjacent nucleotides to provide a primer sequence of sufficient size and sequence complexity to form a stable duplex on both sides of the proposed mutation. Typically, a primer of about 20 to 25 nucleotides in length is preferred, with about 5 to 10 residues on both sides of the proposed mutation of the sequence being altered. In general, the techniques of site-specific mutagenesis are well known in the art. As will be appreciated, the site-specific mutagenesis techmque typically employs a phage vector that exists in both a single- stranded and double-stranded form. Typical vectors useful in site-directed mutagenesis include vectors such as the Ml 3 phage, for example, or other phage vectors which are commercially available. Their use is well known to those skilled in the art. Plasmid vectors which contain a single-stranded phage origin of replication may be employed to obtain single-stranded DNA. Alternatively, nucleotide substitutions are introduced by synthesizing the appropriate DNA fragment in vitro and amplifying it by PCR procedures known in the art.

A mutagenic PCR technique may also be used in creating 5' leader sequence variants. In a specific example of PCR mutagenesis, template plasmid DNA comprising a 5' leader sequence is linearized by digestion with a restriction endonuclease which has a unique recognition site in the plasmid DNA outside of the region to be amplified. Of this material, an aliquot is added to a PCR mixture containing PCR buffer, which contains the four deoxyribonucleotide triphosphates and is included in the GeneAmp (trade mark) kits (obtained from Perkin-Elmer Cetus, Norwalk, Conn, and Emeryville, Calif.), and each oligonucleotide primer. The PCR buffer contains divalent manganese ions which acts to increase the frequency at which the thermostable polymerase incorporates an incorrect nucleotide. This molecule then directs synthesis of a copy of itself in a subsequent round of PCR. As the reaction proceeds, a plurality of mutant sequences derived from the template 5' leader sequence accumulate in the reaction. The reaction mixture is then overlayered with mineral oil. The reaction is denatured for at, for example, 100°C, and placed briefly on ice and then Thermus aquaticus (Taq) DNA polymerase, purchased from Perkin-Elmer Cetus, Norwalk, Conn, and Emeryville, Calif.) is added below the mineral oil layer. The reaction mixture is then inserted into a DNA Thermal Cycler (purchased from Perkin- Elmer Cetus). The Cycler may be programmed as appropriate to the conditions. One suitable programme is 2 min at 55°C, 30 sec at 72°C, then 19 cycles of the following: 30 sec at 94°C, 30 sec at 55°C and 30 sec at 72°C. At the end of the program, the reaction tube is removed from the thermal cycler and the aqueous phase transferred to a new tube, extracted with phenol/chloroform (50:50 vol), and ethanol precipitated, and the DNA is recovered by standard procedures. This material is subsequently subjected to appropriate treatments for insertion into a vector. Individual clones arising from the PCR mutagenesis reaction can be sequenced to isolate individual nucleic acid molecules that contain the desired mutations.

Random mutagenesis of 5' leader nucleotide sequences may also be accomplished by several different techniques known in the art, such as by altering sequences within restriction endonuclease sites, inserting an oligonucleotide linker randomly into a plasmid, by irradiation with X-rays or ultraviolet light, by incorporating incorrect nucleotides during in vitro DNA synthesis, by error-prone PCR mutagenesis, by preparing synthetic mutants or by damaging plasmid DNA in vitro with chemicals. Chemical mutagens include, for example, sodium bisulfite, nitrous acid, hydroxylamine, agents which damage or remove bases thereby preventing normal base-pairing such as hydrazine or formic acid, analogues of nucleotide precursors such as nitrosoguanidine, 5-bromouracil, 2-aminopurine, or acridine intercalating agents such as proflavine, acriflavine, quinacrine, and the like. Generally, plasmid DNA or DNA fragments are treated with chemicals, transformed into E. coli and propagated as a pool or library of mutant plasmids.

As stated above, expression of a genetic sequence is modulated by introducing or creating or removing particular pseudo-translation initiation sites. This may be visualized by using a schematic representation of an upstream, i.e. 5', nucleotide sequence. One such schematic representation is provided below.

The present invention contemplates, therefore, a method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG corresponding to an authentic translation initiation site and a nucleotide sequence 5' of said authentic translation start site comprising the sequence:-

[x x ]_r{nW ...n-}_s[y ^Iy₂ ^πy₃ ^π]RT/UG [z₁z₂...z_n] _t

wherein:

RT/UG is the authentic translation initiation site and R is A or G; n, n¹, n¹¹ and n^ιπ are nucleotides selected from A, T or U, C or G or I; Kn₂ ... n_a }_ra,

.-n }_s represent nucleotide sequences of a, b, c or d nucleotides in length and where each of n, n¹, n¹¹ and n^ιπ may be the same or different and its position is indicated by the subscript numeral \, ,

[z_jZ₂...z_n] represents a translation termination signal within an authentic ORF but not in the same reading frame as said authentic ORF; each of m, n, o, p, q, r, s or c may be the same or different and each is 0 or 1 or if there is a repeat or multiple repeats, from about 2 or about 10; t is O, 1 or >l; each of [x_tXiX_{a *} [xiX_∑X_sJ_p

i^s selected from the triplet RTG, RUG, RYG, RTY¹, RY^πG, RUY^πI, ATG, GTG, AUG and GUG where R is A or G, and each of Y, Y¹, Y^π and Y^m may be the same or different and each is a nucleotide with the proviso that Y is not T, Y¹ is not G, Y^π is not U and Y^m is not G; each of

represents a translation termination signal; and said method comprising altering the nucleotide triplets [x_j ^]^

[xJx₂x₃J_p and/or [x x^x" J_r to introduce or remove an RTG or RUG to thereby respectively decrease or increase the level of expression of said genetic sequence.

Preferred termination signals are selected from but are not limited to TGA, TAA, TAG, UGA, UAA and UAG. When the genetic sequence is a DNA, the modulation involves introducing or removing an RTG.

When the genetic sequence is RNA, the modulation involves introducing or removing an RUG.

In this method, the

, |xϊ^x ₂X₃J_p and

triplets are mutagenized by a nucleotide substitution, deletion and/or addition or is chemically or physically mutagenized to introduce or create or remove an RTG or RUG site where R is A or G. Preferably, R is

A.

One skilled in the art will appreciate that the 5' nucleotide sequence may be longer or shorter than represented above and may include more potential pseudo-translation initiation sites than represented above. The 5' sequence as represented serves as a guide to the general structure. The essence of this aspect of the present invention is the manipulation of the 5' sequence to introduce, create or remove RTG or RUG triplets wherein R is A or G.

An RTG/RUG triplet in the 5' leader sequence is regarded as a pseudo-translation initiation site. The nucleotide sequence between an upstream RTG/RUG triplet and a termination signal is regarded as a pseudo-ORF (also referred to as an upstream ORF [uORF]).

The essence of this aspect of the present invention is the manipulation of the number of pseudo-translation initiation sites and optionally pseudo-ORFs. Although the effects on expression is difficult to quantify given the inherent variabilities of a biological system, semi-quantification is possible and provides useful input data for an algorithm or other data processing means.

Conveniently, the invention may be represented as a nucleotide sequence having the sequence:- n_xn_x+i ... n_x+z

wherein: n_x is the first nucleotide in a leader sequence; x is 1 or >1 (e.g. 100, 1000, 10,000 or greater); i is 1; _z is an integer from 1 to 10; n_x+_z is the last nucleotide of the 5' leader sequence prior to the authentic translation initiation site;

wherein each n may be the same or different and each is A, C, G, U, T or I;

wherein a numerical value (Ny) is assigned to a genetic element such that if:-

n_x+i n, as defined above; n +i+ι A;

then the Ny is 1;

when

n_x+i n, as defined above;

n_x+i+₂ T or U; and

then the N_v is 0.3; and when:-

n_x+i = n as defined above: hx+i+1 = C or G;

H^χ+i+2 = T or C or G; and

then the Ny is 0;

such that the level of expression (E_L) of a nucleotide sequence operably linked at its 5' end to n_xn_x+ι ... n_x+z is inversely functionally associated (*) to the sum of Ny determined from the nucleotide sequence n_xn_x+ι ... n_x+2 such that

E ^J * —

∑N_λ

In this case, the sum is calculated from nucleotide _x to nucleotide _x+z. The present invention provides data processing means, therefore, to establish a pattern of likelihood of expression of a genetic sequence based on the RTG/RUG content of the 5' sequence upstream of an authentic translation initiation site.

In one particularly useful embodiment, the 5' leader sequence is derived from a GLIl gene leader sequence. For example, SEQ ID NO:l comprises the sequence of the 5' leader sequence from murine GLIl and is termed Mα-UTR. This sequence comprises five ATG sites interspersed in a sequence of nucleotides prior to the authentic ATG site. Two splice variants, M 3-UTR and Mγ-UTR (SEQ ID NOS:2 and 3, respectively) carry two and one ATG sites, respectively.

The level of expression directed by these three UTRs, as defined by the expression

E_L * , Mα-UTR has an ΣNy of 5.6, M/3-UTR is 2.3 and Mγ-UTR is 0.3. Hence, the ∑v is expected to be Mα-UTR>M/3-UTR>Mγ-UTR. This correlates well with the experimental results obtained on the levels of translation products.

Similarly, human GLIl comprises two 5'UTRs, namely H/3-UTR (SEQ ID NO:4) and Hγ- UTR (SEQ ID NO: 5) with ΣN_V of 3.6 and 0, respectively. Again, the level of expression conferred by these two UTRs is defined by Hγ-UTR>H/3-UTR and this correlates well with the experimental findings.

Consequently, deletion of part of the 5'UTR containing RTG/RUG sites results in elevated expression of the GLIl coding region in both murine and human systems.

The γ sequence of Mγ-UTR and Hγ-UTR is particularly useful, not only for a lack of pseudo-translation inhibition sites and pseudo-ORFs but also due to inherent properties in facilitating higher level expression of authentic ORFs operably linked thereto. The present invention, in a particularly preferred embodiment, is directed to the use of Mγ-UTR or Hγ- UTR sequence to facilitate expression of an authentic nucleotide sequence attached thereto.

The present invention extends to maintaining the same length of 5' leader sequence but altering the numbers of RTGs or RUGs. Alternatively, the 5' leader sequences may be reduced in length or increased in length by deletion or insertion of particular nucleotides.

The present invention, therefore, provides nucleotide sequences comprising a predetermined number of RTG/RUG triplets for use in inserting into the 5' leader sequence of a genetic sequence or for inserting between a coding sequence and a promoter region.

Accordingly, another aspect of the present invention provides a nucleotide sequence for use in modulating the expression of a genetic sequence wherein said genetic sequence comprises a coding region comprising a translation initiation site and optionally a 5' leader sequence such that said nucleotide sequence comprising a predetermined number of RTG or RUG triplets such that upon operable linkage to the 5' end of the genetic sequence, the level of expression of said genetic sequence is determined by the number of RTG/RUG triplets.

In one form, the RTG/RUG sites in the 5' leader region are regarded as pseudo-translation initiation sites wherein the number of such triplets is inversely functionally associated to the level of expression, i.e. the higher the number of RTG/RUG triplets, the lower the level of expression.

In another form, the level of expression of a genetic sequence is determined by the number of elements defined by the sequence : -

[nRWGn where:

n is any nucleotide or sequence of nucleotides and wherein the sequence is defined by n^ ... n_nn_n+ι and n is from about 1 to about 1000, preferably from about 2 to about 500, more preferably from about 3 to about 100 and even more preferably from about 4 to about 50;

R is G or A; W is T or U; and m is from 0 to about 100, or from 0 to about 50 or from 0 to about 20 or from 0 to about 10 and represents the polydispersion of the nRWGn sequence throughout the 5' leader sequence.

In a similar embodiment, adecrease in the level of expression may occur when a 5' leader sequence which comprises the sequence:-

[nX₁X₂X₃n]_m

wherein: n and m are as defined above and the triplet XjX₂X₃ is selected from Rn|G , n₂TG , n₃ UG , RTn^ , RUn* where R is A or G and n¹ is any nucleotide with the proviso that nj is not T or U, n₂ or n₃ is not A and n^ and n^ is not G; and wherein said sequence is mutated to cause a substitution or other mutation in n to change same to provide the triplet RTG or RUG where R is as defined above.

The present invention further provides a plurality of nucleotide sequences each comprising a predetermined number of RTG or RUG triplets wherein R is A or G wherein said predetermined number is from 0 to about 100 and preferably from about 0 to about 50 and even more preferably from about 0 to about 15 such that to facilitate expression of a genetic sequence to a particular level, a particular nucleotide sequence is selected and inserted or placed between a promoter and said genetic sequence such that the promoter is operably linked to said genetic sequence and wherein the level of expression is inversely functionally associated with the number of RTG or RUG triplets upstream of the authentic translation initiation site.

Such nucleotide sequences include one or more oligonucleotide sequences such as an oligonucleotide sequence with a predetermined number of pseudo-translation initiation sites and optionally pseudo-ORFs.

In a specific embodiment, the plurality of nucleotide sequences is selected from a 5' leader sequence from the GLIl gene.

Accordingly, another aspect of the present invention is directed to an isolated nucleic acid molecule comprising a nucleotide sequence encoding a 5' mRNA sequence, said mRNA sequence selected from SEQ ID NO:l to SEQ ID NO:5 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO:l to SEQ ID NO:5 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO:l to SEQ ID NO:5 or a complementary form thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence. As stated above, SEQ ID NOS:l to 3 correspond to Mα-UTR, M/3-UTR and Mγ-UTR, respectively. SEQ ID NOS:4 and 5 correspond to HjS-UTR and Hγ-UTR, respectively. Partial genomic sequences corresponding to M-UTR are shown in SEQ ID NOS:33 and 34. Partial genomic sequences corresponding to H-UTR are shown in SEQ ID NOS:35 and 36. Complete genomic sequences for M-UTR and H-UTR are shown in SEQ ID NOS: 59 and 60, respectively.

Accordingly, the present invention provides an isolated nucleic acid molecule comprising a nucleotide sequence encoding a non-translated mRNA sequence, said nucleotide sequence selected from SEQ ID NO: 33 to SEQ ID NO:36 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO:33 to SEQ ID NO:36 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO:33 to SEQ ID NO:36 or complementary forms thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence.

Another aspect of the present invention provides an isolated nucleic acid molecule comprising a nucleotide sequence encoding a non-translated mRNA sequence, said nucleotide sequence selected from SEQ ID NO:59 or 60 or a nucleotide sequence having at least 60% similarity to one or more of SEQ ID NO:59 or 60 or a nucleotide sequence capable of hybridizing to one or more of SEQ ID NO:59 or 60 or complementary forms thereof under low stringency conditions wherein said nucleotide sequence is capable of influencing the level of expression of a genetic sequence operably linked to said nucleotide sequence.

The term "influencing" includes increasing or decreasing (i.e. modulating) the level of expression depending on which 5'UTR is employed. The Mγ-UTR and Hγ-UTR are particularly useful in facilitating expression of genetic sequences as attached thereto.

The term "similarity" as used herein includes exact identity between compared sequences at the nucleotide level. Where there is non-identity at the nucleotide level, "similarity" includes differences between sequences which result in different amino acids that are nevertheless related to each other at the structural, functional, biochemical and/or conformational levels. In a particularly preferred embodiment, nucleotide sequence comparisons are made at the level of identity rather than similarity.

Terms used to describe sequence relationships between two or more polynucleotides include "reference sequence", "comparison window", "sequence similarity", "sequence identity", "percentage of sequence similarity", "percentage of sequence identity", "substantially similar" and "substantial identity". A "reference sequence" is at least 5 but frequently 12 to 18 and often at least 25 or above, such as 30 monomer units, inclusive, of nucleotides. Because two polynucleotides may each comprise (1) a sequence (i.e. only a portion of the complete polynucleotide sequence) that is similar between the two polynucleotides, and (2) a sequence that is divergent between the two polynucleotides, sequence comparisons between two (or more) polynucleotides are typically performed by comparing sequences of the two polynucleotides over a "comparison window" to identify and compare local regions of sequence similarity. A "comparison window" refers to a conceptual segment of typically 5 nucleotides that is compared to a reference sequence. The comparison window may comprise additions or deletions (i.e. gaps) of about 20% or less as compared to the reference sequence, (which does not comprise additions or deletions) for optimal alignment of the two sequences. Optimal alignment of sequences for aligning a comparison window may be conducted by computerized implementations of algorithms (GAP, BESTFIT, FASTA, and TFASTA in the Wisconsin Genetics Software Package Release 7.0, Genetics Computer Group, 575 Science Drive Madison, WI, USA) or by inspection and the best alignment (i.e. resulting in the highest percentage homology over the comparison window) generated by any of the various methods selected. Reference also may be made to the BLAST family of programs as for example disclosed by Altschul et al. (36). A detailed discussion of sequence analysis can be found in Unit 19.3 of Ausubel et al. (37).

The terms "sequence similarity" and "sequence identity" as used herein refers to the extent that sequences are identical or functionally or structurally similar on a nucleotide-by- nucleotide basis over a window of comparison. Thus, a "percentage of sequence identity", for example, is calculated by comparing two optimally aligned sequences over the window of comparison, determining the number of positions at which the identical nucleic acid base (e.g. A, T, C, G, I) occurs in both sequences to yield the number of matched positions, dividing the number of matched positions by the total number of positions in the window of comparison (i.e., the window size), and multiplying the result by 100 to yield the percentage of sequence identity. For the purposes of the present invention, "sequence identity" will be understood to mean the "match percentage" calculated by the DNASIS computer program (Version 2.5 for windows; available from Hitachi Software engineering Co., Ltd., South San Francisco, California, USA) using standard defaults as used in the reference manual accompanying the software. Similar comments apply in relation to sequence similarity.

Reference herein to a low stringency includes and encompasses from at least about 0 to at least about 15% v/v formamide and from at least about 1 M to at least about 2 M salt for hybridization, and at least about 1 M to at least about 2 M salt for washing conditions. Generally, low stringency is at from about 25-30°C to about 42°C. The temperature may be altered and higher temperatures used to replace formamide and/or to give alternative stringency conditions. Alternative stringency conditions may be applied where necessary, such as medium stringency, which includes and encompasses from at least about 16% v/v to at least about 30% v/v formamide and from at least about 0.5 M to at least about 0.9 M salt for hybridization, and at least about 0.5 M to at least about 0.9 M salt for washing conditions, or high stringency, which includes and encompasses from at least about 31% v/v to at least about 50% v/v formamide and from at least about 0.01 M to at least about 0.15 M salt for hybridization, and at least about 0.01 M to at least about 0.15 M salt for washing conditions. In general, washing is carried out T_m = 69.3 + 0.41 (G+C)% (38). However, the T_m of a duplex DNA decreases by 1°C with every increase of 1% in the number of mismatch base pairs (39). Formamide is optional in these hybridization conditions. Accordingly, particularly preferred levels of stringency are defined as follows: low stringency is 6 x SSC buffer, 0.1% w/v SDS at 25-42°C; a moderate stringency is 2 x SSC buffer, 0.1% w/v SDS at a temperature in the range 20°C to 65°C; high stringency is 0.1 x SSC buffer, 0.1% w/v SDS at a temperature of at least 65°C.

The present invention further provides a genetic construct comprising a genetic element having a predetermined number of pseudo-translation initiation sites, i.e. RTG/RUG triplets. Generally, the genetic element is in a vector construct operably linked at its 5' end to a promoter and comprising one or more unique or semi-unique restriction endonuclease sites within a nucleotide which is part of or linked to the genetic element. These sites are used to insert a nucleotide sequence to be expressed.

The present invention extends to a plurality of genetic constructs each with a genetic element within a predetermined number of pseudo-translation sites or a plurality of genetic elements for use in insertion into a genetic construct.

Accordingly, another aspect of the present invention contemplates a genetic construct comprising a promoter linked to a genetic element and one or more restriction endonuclease sites to facilitate insertion of a nucleotide sequence to be expressed by said promoter wherein said genetic element comprises a predetermined number of pseudo- translation initiation RTG/RUG triplets wherein R is A or G such that the level of expression of said nucleotide sequence by said promoter is inversely functionally _x associated with the number of RTG/RUG triplets in said genetic element.

The genetic construct may be a plasmid, vector, viral construct, linear or covalently closed circular molecule.

The nucleotide sequence to be expressed is also referred to as a coding sequence or ORF.

As used herein, a "construct" is a nucleic acid molecule into which a desired nucleotide sequence may be inserted by restriction and ligation. Such construct is useful for transport between different genetic environments or for expression in a host cell. Constructs are typically composed of DNA although RNA constructs are also available. The constructs of the present invention are generally for eukaryotic cells such as animal, mammalian and plant cells. Constructs include, but are not limited to, plasmids, vectors and phagemids. A cloning construct is one which is able to replicate in a host cell, and which is further characterized by one or more endonuclease restriction sites at which the construct may be cleaned in a determinable fashion and into which a desired nucleotide sequence may be ligated generally so that the new recombinant construct retains its ability to replicate in a host cell. In the case of plasmids, replication of the desired sequence may occur many times as the plasmid increases in copy number within a host bacterium or just a single time per host before the host reproduces by mitosis. In the case of phage, replication may occur actively during a lytic phase or passively during a lysogenic phase. An expression vector or construct is one into which a desired nucleotide sequence may be inserted by restriction and ligation such that it is operably joined to regulatory sequences and may be expressed as an RNA transcript. Vectors may further contain one or more marker sequences suitable for use in the identification of cells which have or have not been transformed or transfected with the vector. Markers include, for example, genes encoding proteins which increase or decrease either resistance or sensitivity to antibiotics or other compounds, genes which encode enzymes whose activities are detectable by standard assays known in the art (e.g. /3-galactosidase or alkaline phosphatase) and genes which visibly affect the phenotype of transformed or transfected cells, colonies or plaques. Preferred vectors are those capable of autonomous replication and expression of the structural gene products present in the DNA segments to which they are operably joined.

As used herein, a coding sequence and regulatory sequences are said to be "operably" joined or linked when they are covalently linked in such a way as to place the expression or transcription of the coding sequence under the influence or control of the regulatory sequences. If it is desired that the coding sequences be translated into a functional protein, two nucleotide sequences are said to be operably joined if induction of a promoter in the 5' regulatory sequences results in the transcription of the coding sequence and if the nature of the linkage between the two nucleotide sequences does not (1) result in the introduction of a frame-shift mutation, (2) interfere with the ability of the promoter region to direct the transcription of the coding sequences, or (3) interfere with the ability of the corresponding RNA transcript to be translated into a protein. Thus, a promoter region would be operably joined to a coding sequence if the promoter region were capable of effecting transcription of that DNA sequence such that the resulting transcript might be translated into the desired polypeptide or protein.

The precise nature of the regulatory sequences needed for gene expression may vary between species or cell types, but shall in general include, as necessary, 5', i.e. 5' non- coding and 5'UTR non-transcribing and 5' non-translating sequences involved with the imtiation of transcription and franslation respectively, such as a TATA box, capping sequence, CAAT sequence, and the like. Especially, such 5' non-transcribing regulatory sequences will include a promoter region which includes a promoter sequence for franscriptional control of the operably joined gene that comprises a 5' untranslated leader sequence. Regulatory sequences may also include enhancer sequences or upstream activator sequences as desired.

The constructs of the present invention are directed to providing a means of tailoring the expression of a nucleic acid molecule. Accordingly, the present invention contemplates a construct which contains one or more suitable restriction sites for insertion of a particular 5' leader or signal sequence or 5' UTR which contains none or one or more pseudo- translation initiation sites each of which may or may not be proximal to a Kozac sequence or a Kozac-like sequence. The choice and design of an appropriate construct is within the ability and discretion of one of ordinary skill in the art. Vector construction is well-known to those skilled in the art. For instance, the DNA manifestation of an RNA virus, such as HIV, is cleaved using restriction enzymes to excise HIV encoding sequences from within the gag coding region, following the ne/gene. A cloning cassette comprised of a polylinker containing multiple restriction sites is inserted into the region of the deletion prior to ligation to provide convenient restriction sites for cloning into the vector. A DNA fragment containing the 5' leader sequence containing the number of pseudo-translation initiation sites is then sub-cloned into one of these sites. Subsequently, an ORF may be inserted down stream of the polylinker. It is envisaged that suitable restriction enzyme sites for the cloning of an ORF and simultaneous construction of a translation initiation RTG would be Ncol or Ndel. However, other restriction enzymes sites are also contemplated. The resultant vector will transcribe an mRNA with a 5' untranslated leader sequence capable of regulating the expression of the open reading frame to which the 5' leader sequence is operably linked. The level of expression will be is inversely functionally associated with the number of pseudo-translation initiation sites present in the 5' untranslated leader sequence.

Examples of promoters useful to practice the present invention, especially in the production of a genetic vaccine for humans, include but are not limited to promoters from Simian Virus 40 (SV40), Mouse Mammary Tumor Virus (MMTV) promoter, Human Immunodeficiency Virus (HIV) such as the HIV Long Terminal Repeat (LTR) promoter, Moloney Virus, ALV, Cytomegalovirus (CMV) such as the CMV immediate early promoter, Epstein Barr Virus (EBV), Rous Sarcoma Virus (RSV) as well as promoters from human genes such as human actin, human myosin, human hemoglobin, human muscle creatine and human metallothionein.

Promoter elements contemplated herein include but are not limited to MM_LNA2,

MM NA4, MMJNA5, MM_INA6, MM_INA7, HS NA1, HS NA6, HS NA5, HS_ΓNAD, HS_ΓNAF, HS_ΓNA4, HS_ΓNAG, HS_ΓNA7, HS_ΓNB, MMJNB, HS_ΓNG, HCMV EI, MCMV_VIEI, HCMV_UL37, HCMV JS3, HSVI CPO, HSV1 E63, HSV2 E63, HSV1 CP4, HSN2JE3, HSN1_IE68, HSV2_IE45, HCMV_POLB, HCMN JB22, HCMNJB27, HSNL_EXOΝ, HSV1JUL49, HSV1_DUT, HSN1_B33, HSV1_B21, HSV1_PJR1, HSV1_RIR2, HSV2JRIR2, HSV1_KITH, HSV2_KITH, HSV1_DΝBI, HSV1_VGLB, HSV1_VGLD, HSV2_VGLI, HSV1_VGLE HSV1_PRTP, HSV1_VGLG, HSV1_TEGP, HSV1_VCAP, HSV1_UL11, HSV1_ATIN, HSV1_ATI2, HCMV_UL36, HCMV_GP65, HCMV_GP71AND HCMV_G150, HSV1_G5, HSV_VGLC, HSV2_VGLC, HSV1_VGLH, HSV1_G42, HSVL_ORIS, HSV1_UL45, HSV2_UL45, EBV_BAM, EBV_VP14, EBV_BCRF, EBV_BHL1, EBV_UL34, EBV_VP26, EBV_BFL2, EBV_UL73, EBVVLR2, EBV_VGP3, EBV_YLR3, EBVJDUT, EBV_VGLL, EBV_13KB, EBV_HL1, EBV_CL1, EBV_DR1, EBV_DL2, EBV_DL1A, HSV_TYSY, EBV_EBNA_1, EBV_EBNA_2, EBV_DL1, HS_PGK1, HS_CCEM,

HS_CGM6, HIV1_LTR, HIV2_LTR, SRV1_LTR, SrV_LTR, SV40_TA_1, JCV_TL, POLY_COAT_l, SV40_TA_2, BKV_TA, POLY_TA_2, SV40_COAL, POLY_COAL, HBV_CORA_, GSHV_35KB_1, HBV_CORA_2, GSHV_35KB_2, DHBV_33KB, HBV_22_1, GSHV_23_1, HBV_22_2, GSHV_23_2, DHBV_18KB, BPV1_PL_1, BPV1_PL_2, BPV1_P79_1, HP18_VE6_1, BPV1_P89_2, HP16_VE, HP18_VE6_2, BPV1_P24, BPV1_P30, AD2_E1A, AD5_E1A, AD7_E1A, AD12_E1A_1, AD12_E1A_2, SA7P_E1A, AD2_E1B. AD5_E1B, AD7_E1B, AD12_E1B, AD2_V33P AD2_E3, AD5_E312, AD2_E411, AD2_PiV2, AD5_PIV2, AD7_4A2, AD2_9, AD5_9, AD7_HEX9, AD2_DNBI, AD5_DPOL, AD7_Y1, AD12JVLL, AD2_L2A, MMLV_LTR, FMCF_LTR, MLVA_AKV, MLV_XENO, MMSV_LTR, GALVJLTR, SSV_LTR, GAFE_LTR, MMTV_PR73, BLV_LTR, HTV1_LTR, HTL2_LTR, RSV_LTR, ALV_LTR, RAV2_LTR, GG_EV1, SNV_LTR, AAV2_VNCA, AAV2_19, AAV2_COA3, H1_VNCS, Hl_COAT and B19_06.

Examples of polyadenylation signals useful to practice the present invention, especially in the production of a genetic vaccine for humans, include but are not limited to, SV40 polyadenylation signals and LTR polyadenylation signals. In particular, the SV40 polyadenylation signal which is in pCEP4 plasmid (Invitrogen, San Diego, California), referred to as the SV40 polyadenylation signal, is used.

In addition to the regulatory elements required for DNA expression, other elements may also be included in the DNA molecule. Such additional elements include enhancers. The enhancer may be selected from the group including but not limited to human actin, human myosin, human hemoglobulin, human muscle creatine and viral enhancers such as those from CMV, RSV and EBV.

Genetic constructs can be provided with mammalian origin of replication in order to maintain the construct exfrachromosomally and produce multiple copies of the construct in the cell. Plasmids pCEP4 and pREP4 from Invitrogen, (San Diego, California) contain the Epstein Barr virus origin of replication and nuclear antigen EBNA-1 coding region which produces high copy episomal replication without integration. The genetic construct may be administered with or without the use of microprojectiles. It is preferred that the genetic constructs of the present invention may be delivered to the cells of an individual free of solid particles. As used herein, the phrase "free of solid particles" is meant to refer to a liquid that does not contain any solid microprojectiles used as a means to perforate, puncture or otherwise pierce the cell membrane of a cell in order to create a port of entry for genetic material into the cell.

The genetic constructs of the present invention may be used to administer an individual where it may be necessary to modulate the expression of, for example, of a particular antigen. This may be useful in inducing immunization conditions. In particular, modulated expression may be appropriate when delivering genetic sequences capable of expressing antigens derived from pathogens such as viruses, prokaryotes and pathogenic eukaryotic organisms such as unicellular pathogenic organisms and multi-cellular parasites. The present invention is particularly useful to regulate the immune response when over- expression of antigens may lead to an inappropriate immune response such as in an inappropriate histamine release or anaphylactic shock. In addition, the present invention is also useful to immunize an individual against protozoan pathogens which include a stage in the life cycle where they are intracellular pathogens. As used herein, the term "intracellular pathogen" is meant to refer to a virus or pathogenic organism that, at least of its reproductive or life cycle, exists within a host cell and therein produces or causes to be produced, pathogen proteins.

The present invention also contemplates the use of a 5' leader sequence to regulate the expression of genetic sequences which encode therapeutic agents including peptides, polypeptides or proteins including, as stated above, genetic material which encodes peptides, polypeptides or protein that are antigens for immunization. Nucleic acid molecules of the present invention are introduced into the cells of an animal. In this aspect, the present invention may require that the high level of uptake and function of the nucleic acid molecules. The method of the present invention further comprises the steps of administering nucleic acid molecules, preferably free of viral particles, particularly retroviral particles, to the cell of an individual. Administration may also be in conjunction with a genetic vaccine facilitator agent. The genetic vaccine facilitator agent is selected from the group consisting of anionic lipids, extracellular matrix-active enzymes, saponins, lectins, estrogenic compounds and steroidal hormones, hydroxylated lower alkyls, dimethyl sulfoxide (DMSO) and urea. The genetic vaccine facilitator agent preferably enhances the inflammatory response and/or enhances expression of the nucleic acid molecule in the tissue and/or facilitates the uptake of the nucleic acid molecule by the cell.

When taken up by a cell, the genetic construct which includes the nucleotide sequence encoding the desired protein operably linked to the regulatory elements herein described may remain present in the cell as a functioning exfrachromosomal molecule or it may integrate into the cell's chromosomal DNA. DNA may be introduced into cells where it remains as separate genetic material in the form of a plasmid. Alternatively, linear DNA which can integrate into the chromosome may be introduced into the cell. When introducing DNA into the cell, reagents which promote DNA integration into chromosomes may be added. DNA sequences which are useful in promoting integration may also be included in the DNA molecule. Alternatively, RNA may be administered to the cell. It is also contemplated to provide the genetic construct as a linear minichromosome including a centromere, telomeres and an origin of replication.

The present invention is particularly useful for the generation of genetically modified plants. Plants may be monocotyledonous or dicotyledonous.

Suitable methods for introduction of genetic material into cells include transformation using CaCl and variations thereof, direct DNA uptake into protoplasts, PEG-mediated uptake to protoplasts, microparticle bombardment, elecfroporation, microinjection of DNA, microparticle bombardment of tissue explants or cells, vacuum-infiltration of tissue with nucleic acid and T-DNA-mediated transfer from Agrobacterium to the plant tissue.

Agrobacterium-msdiated transformation of suitable plants may be effected by co- cultivating an explant to be transfected with Agrobacterium species having a T-DNA or T-

DNA region comprising the genetic material to be transformed into the plant cells, for a time and under conditions sufficient for the genetic material to transfer into the plant cells. The Agrobacterium species may be either high or low virulent strain. A particularly useful Agrobacterium species is Agrobacterium tumefaciens strain AGLO (45), AGL1 (45), strain ICMP 8317 (46), strain EHA101 (47), strain LBA4404 (48) and strain C58 (49).

For microparticle bombardment of cells, a microparticle is propelled into a cell to produce a fransformed cell. Any suitable ballistic cell fransformation methodology and apparatus can be used in performing the present invention. Exemplary apparatus and procedures are disclosed by Stomp et al. (U.S. Patent No. 5,122,466) and Sanford and Wolf (U.S. Patent No. 4,945,050). When using ballistic transformation procedures, the genetic construct may incorporate a plasmid capable of replicating in the cell to be fransformed.

Examples of microparticles suitable for use in such systems include 0.1 to 10 μm and more particularly 10.5 to 5 μm tungsten or gold spheres. The genetic construct may be deposited on the microparticle by any suitable technique, such as by precipitation.

The genetic transformation and regeneration methods of the present invention may be employed to confer on a plant cell specifically-desired traits such as, for example, resistance to attack by disease-causing pathogenic agents, modified fatty-acid content, improved quality and the capability to synthesize novel, high value and value-added products and to induce different levels of resistance to herbicides and pesticides.

Expression of genetic sequences in plants may also be required to be tissue or developmentally specific. Suitable promoters or other regulatory sequences may be selected to ensure tissue or developmental specificity.

In accordance with one particularly preferred embodiment of the present invention, a genetic construct comprising a desired trait may be incorporated into a plasmid capable of replicating in a plant cell, coated onto gold or tungsten microparticles by, for example, precipitation and bombarded into embryogenic callus to produce fransformed callus cells, capable of being regenerated into transgenic plantlets. The transformed embryogenic callus cells of the present invention are selected under any one of a number of suitable selective agents well known to those skilled in the art. Alternatively, the gold or tungsten microparticles may be bombarded into immature embryos from which selected transformed embryogenic callus, capable of being regenerated into transgenic plantlets, is induced to form.

To facilitate identification of transformed cells, the embryogenic callus is bombarded with a further genetic construct, comprising a selectable or screenable marker gene. The actual choice of a marker is not crucial as long as it is functional (i.e. selective) in combination with the plant cells of choice. The marker gene and the gene of interest do not have to be linked:, since co-transformation of unlinked genes as, for example, described in U.S. Patent No. 4,399,216 is also an efficient process in plant transformation.

Included within the terms "selectable or screenable marker genes" are genes that encode a "secretable marker" whose secretion can be detected as a means of identifying or selecting for transformed cells. Examples include markers that encode a secretable antigen that can be identified by antibody interaction or secretable enzymes that can be detected by their catalytic activity. Secretable proteins include, but are not restricted to, proteins that are inserted or trapped in the cell wall (e.g. proteins that include a leader sequence such as that found in the expression unit of extensin or tobacco PR-S); small, diffusible proteins detectable, for example, by ELISA; and small active enzymes detectable in extracellular solution such as, for example, α-amylase, -lactamase, phosphinothricin acetylfransferase).

Examples of bacterial selectable markers are the dal genes from Bacillus subtilis or Bacillus licheniformis, or markers that confer antibiotic resistance such as ampicillin, kanamycin, erythromycin, chloramphenicol or tetracycline resistance. Exemplary selectable markers for selection of plant transformants include, but are not limited to, a hyg gene which encodes hygromycin B resistance; a neomycin phosphotransferase (neo) gene conferring resistance to kanamycin, paromomycin, G418 and the like as, for example, described by Potrykus et al. (50); a glutathione-S-fransferase gene from rat liver conferring resistance to glutathione derived herbicides as, for example, described in EP-A 256 223; a glutamine synthetase gene conferring, upon overexpression, resistance to glutamine synthetase inhibitors such as phosphinothricin as, for example, described WO87/05327, an acetyl transferase gene from Streptomyces viridochromogenes conferring resistance to the selective agent phosphinothricin as, for example, described in EP-A 275 957, a gene encoding a 5-enolshikimate-3-phosphate synthase (EPSPS) conferring tolerance to N- phosphonomethylglycine as, for example, described by Hinchee et al. (51), a bar gene conferring resistance against bialaphos as, for example, described in WO91/02071; a nitrilase gene such as bxn from Klebsiella ozaenae which confers resistance to bromoxynil (52); a dihydrofolate reductase (DHFR) gene conferring resistance to methotrexate (53); a mutant acetolactate synthase gene (ALS), which confers resistance to imidazolinone, sulfonylurea or other ALS-inhibiting chemicals (EP-A-0 154 204); or a mutated anthranilate synthase gene that confers resistance to 5 -methyl tryptophan.

Preferred screenable markers include, but are not limited to, a uidA gene encoding a β- glucuronidase (GUS) enzyme for which various chromogenic subsfrates are known; a β- galactosidase gene encoding an enzyme for which chromogemc substrates are known; an aequorin gene (54), which may be employed in calcium-sensitive bioluminescence detection; a green fluorescent protein gene (55); a luciferase (luc) gene (56), which allows for bioluminescence detection; a β-lactamase gene (57), which encodes an enzyme for which various chromogenic substrates are known (e.g. PADAC, a chromogenic cephalosporin); an R-locus gene, encoding a product that regulates the production of anthocyanin pigments (red colour) in plant tissues (58); an α-amylase gene (59); a tyrosinase gene (60) which encodes an enzyme capable of oxidizing tyrosine to dopa and dopaquinone which in turn condenses to form the easily detectable compound melanin; or a xylE gene (61), which encodes a catechol dioxygenase that can convert chromogenic catechols.

As will also be appreciated by a person skilled in the relevant art, media components suitable for effecting the formation of transformed polyembryogenic callus from transformed embryogenic callus are many and varied. Such components may include but are not limited to sugars, amino acid and vitamin supplements, and growth promoting hormones such as auxins and cytokines. Sometimes, an improvement in the speed or efficacy of the desired outcome may be achieved by manipulation of these components and the concentrations at which they are present. In accordance with the present invention, preferred components have been found to include an auxin, such as naphthalene acetic acid, indole acetic acid or indole butyric acid.

In one embodiment, the auxin is indole butyric acid. In a particular embodiment, indole butyric acid is present in the medium at a concentration in the range 1-10 μM, preferably 3-8 μM and even more preferably 4-6 μM. Those skilled in the art will appreciate that the concentration may be varied somewhat and still be effective for the desired purpose.

The method of the present invention is initiated by obtaining an explant from a plant, generally in the form of leaf or root tissue or an immature embryo. After sterilization, the explant is transferred to callus induction medium, comprising for example, MS salts and Y₃ vitamins, supplemented appropriately, and incubated at 28°C in the dark. For leaf and root explants, supplements include myo-Inositol, L-glutamine, sucrose, activated charcoal, agar and an auxin, such as for example, 4-dichlorophenoxy-acetic acid (2,4-D). For immature embryo explants, supplements include myo-Inositol, L-glutamine, sucrose, NaFeEDTA and, preferably, thiamine or coconut water. Coconut water, at a concentration of 50-150 ml/1 and more preferably lOOml/1, is a particularly-preferred supplement.

For leaf and root explants, incubation continues for a period of about 6-8 weeks or until the beginning of production of embryogenic calli, following which the cultures are sub- cultured every 12 weeks. In the case of immature embryo explants, incubation continues with sub-culturing every 3-4 weeks, for up to 12 weeks or until embryogenic calli were produced.

Embryogenic calli are maintained on embryogenic medium, comprising, for example, MS salts, macro- and micro-nutrients and Y₃ vitamins supplemented with myo-Inositol, L- glutamine, L-asparagine, sucrose and auxins, such as for example, 10 μM 2,4-D and 5μM naphthalene acetic acid (NAA), and are incubated at 28°C in the dark. Embryogenic calli are sub-cultured every 30 days into fresh nutrient medium. During maintenance of said embryogenic callus cultures, distinct morphological Types (I, II and III) of embryogenic callus are obtained.

Type I, Type II or Type HI embryogenic callus, and preferably Type II embryogenic callus, is subjected to transformation via microparticle bombardment of gold particles, having diameter of preferably 0.1-3.0 microns, more preferably 0.5-2.0 microns and still more preferably 0.8-1.2 microns, onto which has been precipitated a desired-DNA- containing genetic construct. Gold particles are bombarded into preferably 0.1-2.0 grams wet weight of embryogemc callus, more preferably 0.3-1.0 gram wet weight of embryogenic callus, and still more preferably 0.5-0.7 gram wet weight of embryogenic callus.

The putatively-transformed embryogenic callus cultures are then subjected to selection under an appropriate selection environment. For example, selection of transformed cells may be achieved using a variety of chemical agents, such as antibiotics (e.g. hygromycin and/or geneticin (G418)) or herbicides (e.g. BASTA (trademark)). Use of these agents may require the inclusion of a selectable marker gene, such as but not limited to the hph gene for hygromycin resistance or the nptϊl gene for geneticin or kanamycin resistance, and the bar gene for BASTA (trademark) resistance. These genes render the fransformed cells resistant to the selection agent.

One particularly useful selection medium comprises BASTA (13.5% PPT) at concentrations of about 35-45 ppm, and preferably 40 ppm, to about 75-85 ppm and preferably 80 ppm, or at gradually increasing concentrations of from about 5-15 ppm, and preferably 10 ppm, to about 15-25 ppm, and preferably 20 ppm, and finally to about 35-45 ppm, and preferably 40 ppm at 3 weeks post-bombardment.

Following selection, transformed embryogenic callus cultures are generally transferred to polyembryogenic-inducing medium, comprising for example, MS salts, macro- and micro- nutrients and Y₃ vitamins supplemented with myo-Inositol, L-glutamine, L-asparagine, L- arginine, sucrose and agar, and an auxin, such as for example, 5 μM indole butyric acid (IBA), in which they are cultured for generally at least about 3-6 months, more usually at least about 3-4 months and preferably at least 4 months, with sub-culturing into fresh medium generally every 20-40 days, more particularly every 25-35 days and preferably about every 30 days, until the formation of green-coloured polyembryogenic cultures.

Transformed polyembryogenic cultures are finally transferred to cells an appropriate shoot-inducing medium, such as, for example, MS salts, macro- and micro-nutrients and Y₃ vitamins, supplemented with myo-inositol, L-glutamine, L-asparagine, L-arginine, sucrose and agar, and an auxin such as for example 0.1 μM NAA. Normally, shoot induction requires at least about 2-4 months, and more usually at least about 3 months. Propagation of shoots generally requires an auxin, such as NAA. Production of roots generally requires a further auxin, such as for example 2, 4-D, in addition to NAA. Other possibly suitable auxins include indole acetic acid (IAA) and IBA. Accordingly, roots are induced in medium supplemented as above, but with the addition of 10 μM 2,4-D, 70 μM NAA, and activated charcoal. After incubation at 28°C for at least about 2 months, the plantlets are then transferred to soil.

The present invention provides, therefore, a genetically modified plant cell or genetically- modified and regenerated multicellular plant or progeny thereof or parts of said transgenic plant exhibiting altered levels of expression of a target gene.

The method of the present invention is also particularly useful for up-regulating or down- regulating the function of a promoter. In some circumstances, a promoter may be too active. The introduction of pseudo-translation initiation sites or pseudo-ORFs between the promoter and the authentic translation initiation site is a useful mechanism for reducing expression.

The effects of introducing or creating pseudo-franslation initiation sites and in particular RTG/RUG triplets may be enhanced or otherwise modulated by creating or removing or modifying Kozac or Kozac-like sequences. A Kozac-like sequence includes a modified Kozac sequence. A modified Kozac sequence includes a weak or strong Kozac sequence. A Kozac sequence comprises the nucleotides :-

RnCCRWGn [SEQ ID NO:6]

wherein:

R is A or G; n is any nucleotide; and W is U or T.

An example of a strong Kozac sequence is:-

GCCRCCRWGG [SEQ ID NO:7]

whereas an example of a weak Kozac sequence is represented as:

ATTTCCRWGn [SEQ ID NO:8].

Accordingly, an existing RWG site where R is A or G and W is T or U may be made more efficient is a pseudo-translation initiation site by manipulating Kozac or Kozac-like sequences proximal to said pseudo-translation initiation triplet to either create or destroy a Kozac or Kozac-like sequence or to change from a weak to strong or strong to weak Kozac sequence.

For example, 5' leader sequence may include the nucleotides:-

ATTTCCTTGA [SEQ ID NO:9].

A first manipulation is to create an ATG site resulting in the sequence:- ATTTCCATGA [SEQ ID NO: 10].

The ATG site is located within a weak Kozac sequence. This sequence may be manipulated to render it a strong Kozac sequence such as by substituting "ATTT" with "GCCA/G", to create the sequence:-

GCCA GCCATGA [SEQ ID NO:l 1].

The first A after the ATG may also be changed to a G.

The effect of such a modification is to enhance the pseudo-translation initiation activity of the introduction ATG triplet thereby increasing the down-regulating effects of the introduction of the pseudo-translation inhibiting triplet.

Accordingly, another aspect of the present invention contemplates a method for modulating expression of a genetic sequence, wherein said genetic sequence comprises an ORF with an authentic translation initiation site and further comprising a sequence upstream of said authentication translation initiation site where said method comprises introducing, creating or removing one or more pseudo-translation initiation triplets having the structure RWG wherein R is A or G and W is T or U in combination with introducing, creating or removing a Kozac or Kozac-like sequence proximal to said RWG such that the number of RWG triplets and Kozac or Kozac-like sequences is inversely functionally associated with expression of said genetic sequence.

Preferably, in one embodiment, the manipulation results in a sequence comprising:-

RnCCRWGn

wherein:-

R is A or G; n is any nucleotide; and WisTorU.

The present invention is further described by the following non-limiting Examples.

EXAMPLE 1 Reverse transcriptase-PCR (RT-PCR), 5' RACE and PCR

Skin, brain, heart, kidney, liver, lung, muscle, stomach, spleen, testis and tongue were obtained from various strains of neonatal, juvenile and adult mice. Total RNA was isolated from these tissues using TRI Reagent (Molecular Research Center). First-strand cDNA was synthesized from 5 μg of total RNA primed with oligo(dT)ι₆ (Perkin Elmer) or random hexamers (Clontech) using superscript (trade mark) II Reverse Transcriptase (Life Technologies) in a total volume of 20 μl. One-tenth by volume of the cDNA was used as the template for subsequent PCR reactions. Primer pairs (listed in Table 1) for mouse GLIl corresponding to sequences within exon 1 (mGliFl) and exon 2 (mGιiR2) and for human GLIl corresponding to exon 1 (hGliFl) and exon 2 (hGliR2) sequences were used. Each PCR reaction was repeated at least three times with different RNA preparations and included negative controls for each set of reactions. For 5' RACE, the inventors used a cDNA template that was generated using the primer RACEl and C-tailed using terminal transferase according to the manufacturer's protocol (Life Technologies). PCR was performed using the RACE anchor and adapter primers (Life Technologies) and the GLI1- specific nested primer RACE2. Mouse genomic DNA was amplified using primers derived from exon la (mGliFl a) and exon 2 (mGliR2) sequences. All PCR products were separated on 0.8-2% w/v agarose gels and visualized with ethidium bromide. Separated fragments were purified using QIAEX (registered trade mark) II (QIAGEN) and sequenced directly using the Big Dye-termination Kit and automated fluorescent sequencing on an ABI-Prism 377 DNA Sequencer (Perkin Elmer).

EXAMPLE 2

TPA treatment of mouse skin

Neonatal and 7 day old mice (Swiss outbred) were treated with 20-50 μl of 100 μg/ml 12- O-tetradecanoylphorbol 13 -acetate (TPA) (Sigma) topically applied to back skin. Mice were sacrificed at different time points (0 hr, 3 hr, 8 hr and 24 hr) post-application and total skin RNA prepared for RT-PCR as described above. EXAMPLE 3 5'-UTR-GFP constructs and functional analysis of 5'UTRs

Each of the three alternative 5'UTRs of mouse GLIl were generated by RT-PCR using primers mGliFl¹⁶ and mGliQR2^Age (Table 2) that contain Nhel and Agel restriction sites, respectively. PCR products were gel-purified and cloned into the pGEM-T Easy Vector (Promega). The four ATG codons of the αUTR were mutated sequentially using the QuikChange (trade mark) Site-Directed Mutagenesis kit (Stratagene) and complementary primers mGliMfl-4 [SEQ ID NOS: 19-22] and mGlilMrl-4 [SEQ ID NOS. -23-26] (Table 2). The γUTR sequence was multimerized using primers mGliFl^Bam [SEQ ID NO:27] and mGLiR^Bgl [SEQ ID NO:28] that contain BamUi and BglR sites. The amplified fragment was cloned into pGEM-T Easy, sequence and the insert released by digestion with Bamrll and BglR. The purified fragment was ligated in the presence of both restriction enzymes to form similarly oriented concatomers that were then used as templates for PCR amplification using mGLiFl^me [SEQ ID NO:29] and mGliR2^Age [SEQ ID NO:30]. The products of this reaction were sized on an agarose gel and the band corresponding to four copies of the γUTR cloned into the pGEM-T Easy Vector. All inserts were verified by sequence analysis, released from the pGEM-T Easy Vector by restriction digestion with Nhel and Agel and subcloned into the corresponding sites of the Green Fluorescence Protein (GFP) expression vector, pEGFP-Nl (Clontech).

HaCaT, a human heratinocyte cell line (33), Cos-1 (40) and BHK-21 (41) cells were cultured in Dulbecco's modified Eagle's medium (DMEM) supplemented with 10% v/v fetal calf serum, ampicillin and streptomycin (Life Technologies). Primary mouse skin fibroblasts were obtained from newborn Swiss mice using an established protocol. Briefly, skin was removed, washed in PBS and incubated in 2.5% w/v dispase (Life Technologies) for 24 hr at 4°C. The dermis was separated from the epidermis and incubated in 0.2% w/v collagenase (Sigma) at 37°C for one hr. Cells were then pelleted and washed in PBS and cultured in DMEM media as described above. Primary fibroblasts were used within the first two weeks of culturing. Transient transfection of GFP constructs was performed using LipofectAMLNE PLUS Reagent (Life Technologies) according to the manufacturer's instruction. Cells were seeded on round, glass coverslips in 24-well (fluorescence microscope study) or 6-well plates (flow cytometry study) 24 hr prior to transfection and incubated at 37°C to a density of about 50-70% confluence. Cultures were washed twice in serum-free media and then incubated in DNA-PLUS-LipofectAMiNE complexes in OPTI-MEM (Life Technologies) for three hr at 37°C. DMEM media containing serum was then added to the culture. One day later, cells were fixed for microscopy or harvested flow cytometry analysis. Twenty thousand cells per sample were analyzed on a FACSCalibur (Becton Dickinson) cell sorter, using CELLQuest software (Becton Dickinson).

EXAMPLE 4 Identification of alternative mouse GLIl 5'UTRs

In order to identify the transcriptional start site of the mouse GLIl gene, 5 'RACE was performed on total skin RNA from a BALB/c mouse and the resulting PCR product directly sequenced. This analysis showed that sequences around the translation start codon and at the beginning of the transcript were identical to the published mouse GLIl sequence obtained from F9 cells (42). However, the RACE product also contained an additional 119 bp, not present in the published sequence, located at the splice junction between exon II and exon III as numbered by Liu et al. (42). The inventors named this new 5'UTR variant,α-UTR and the published sequence as 3-UTR (Figure 1A). To search for other possible splicing variants, RT-PCR was conducted using a forward primer located at exon I and a reverse primer that hybridizes immediately 5' of the GLIl ATG codon (Table 1). This PCR revealed a much smaller product which was sequenced directly and found to consist of only one 5' non-coding exon. This alternative mouse GLIl variant corresponds in both size and sequence to the published human transcript obtained from a glioma cell line (13,42) and was denoted the γ-UTR variant (Figure 1A).

h order to determine how these alternative transcripts were generated, the inventors characterized the genomic organization of this region. Mouse genomic DNA was amplified using the primer^" pair mGliFla [SEQ ID NO:18] and mGliR2 [SEQ ID NO:13] (Table 1). Sequence analysis of the 2.8 kb product identified the novel 119 nucleotide sequence within the α-UTR variant as an authentic exon (which the inventors denoted as exon lb) that is flanked by 2.5 kb (intron la) and 115 bases (intron lb) of intervening sequences (Figure IB). The identification of this additional non-coding exon required a change in the nomenclature used by the earlier study of Liu et al. (42), with exon II becoming exon la and exon LTI (which encodes the translation start site) renumbered as exon 2 (see Figure IB).

EXAMPLE 5

Expression of mouse GLIl 5'UTRs

The expression of the alternative 5'UTR variants was determined in neonatal, juvenile and adult tissues from various mouse strains by RT-PCR (Figure 2). This analysis revealed that the UTR variants had no particular tissue-specific expression pattern, but did show marked strain-specific differences. In all tissues examined, the larger UTR forms (α and /3-UTR) predominate while the γ-UTR appears as a minor amplified product (Figure 2A). In some strains, such as BALB/c, DBA and C57BL/6, the α-UTR variant was the major form, whereas in CD1 and SV129 strains, the /3-UTR form was the predominant transcript (Figure 2B). In Swiss outbred mice, expression of the α-UTR and /3-UTR was heterogeneous with some animals expressing both forms and others expressing only one. In a given individual, the expression profile of the two larger transcripts was identical in all tissues examined irrespective of the strain used (Figure 2A). The inventors also followed the expression of the UTR variants in postnatal skin development and found that the apparent levels of all GLIl transcripts were reduced with increasing age and that the γ- UTR transcript was not detected at all in adult skin.

To evaluate whether the expression of these 5'UTR variants correlated with proliferative status, newborn and 7 day old animals were treated with TPA topically applied to back skin. These experiments revealed that expression of the larger UTR transcripts was maximally reduced at 3 hr post-application, whereas expression of the γ-form was increased (Figure 3). Reduced expression of the α- and /3-UTRs was still evident, albeit not as marked, 24 hr post-application). Since acute TPA treatment results in increased mitotic activity of the basal layer keratinocytes (44), these data indicate an association of the γ- UTR transcript with proliferation and the α- and 3-UTRs with differentiation.

EXAMPLE 6 Identification of alternative human GLIl 5'UTRs

The inventors searched for alternative human GLIl transcripts in newborn foreskin by RT- PCR with primers derived from exon 1 and exon 2 (Table 1) of the published sequence (13). Two PCR products were generated and sequenced, with the smaller fragment corresponding to the published sequence (13) and the larger containing an additional 144 bases located at the splice junction of exon 1 and exon 2 (Figure 4A). The larger transcript was termed β-UTR and the smaller sequence as γ-UTR variant (Figures 4A and 4B). Notably, the novel 144 nucleotide sequence found within the human /3-UTR has significant homology with mouse exon la, but is 30 bases larger and contains an additional two ATG codons (Figure 4C).

The β- and γ-UTRs were also present in a brain sample and their identity was confirmed by sequence analysis (Figure 5). The expression of the /3- and γ-UTRs was further examined in HaCaT cells and seven BCC samples. The inventors found that the γ-franscript was present in proliferating cultures of HaCaT cells and all BCC samples but in contrast to foreskin keratinocytes and brain tissue, the inventors were unable to amplify the β- franscript from these mRNAs (Figure 5). Therefore, the γ-UTR transcript may represent the major variant expressed by proliferating cells in human tissues as well.

EXAMPLE 7 Genomic sequence of GLIl 5' UTRs

The partial mouse GLIl UTR genomic sequence is shown in SEQ ID NOS:33 and 34 with a sequence between SEQ ID NO:33 and 34. Similarly, the partial human GLIl UTR genomic sequence is shown in SEQ ID NOS:35 and 36, again with a sequence between SEQ ID NO:35 and 36. Complete genomic sequences for M-UTR and H-UTR are shown in SEQ ID NOS: 59 and 60, respectively.

EXAMPLE 8

Functional analysis of the GLIl 5'UTRs

The 5'UTR is known to regulate gene expression by influencing the efficiency of translation. An examination of the GLIl 5'UTR variants revealed three small upsfream open reading frames (uORFs) in mouse α-UTR, two in human /3-UTR, one uORF that overlaps the GLIl ORF in mouse /3-UTR and none in the γ-UTRs (Table 2). The secondary structure for each 5'UTR was analyzed using the RNA folding prediction program MFOLD (44). This program predicted extensive secondary structures in the longer UTRs, with calculated free energy values of -72.7 to -94.5 kcal mol for the mouse α-UTR, -65 kcal/mol for the human /3-UTR and -55 kcal/mol for the mouse /3-UTR. The human and mouse γ-UTRs were predicted not to form stable secondary structures and to have free energy values of -12 kcal/mol (Table 2). The presence of uORFs and stable secondary structures in the larger UTRs suggest that they are less efficiently translated than the γ- variant that lacks these features.

To test the above prediction in vivo, the three mouse GLIl 5'UTR fragments were cloned upsfream of a GFP reporter gene (Figure 6A) and the constructs transiently transfected into HaCaT, Cos-1 and BHK-21 mammalian cell lines and primary mouse skin fibroblasts. The difference in the levels of GFP produced by these constructs was striking (Figure 6B),with the α-UTR construct producing the lowest fluorescence levels, the /3-UTR construct producing immediate levels and the γ-variant producing the highest levels (even higher than the GFP vector control). Importantly, there was no apparent difference in the transfection efficiency of the constructs for a given cell type, showing that the increase in the number of brightly fluorescing cells transfected with the γ-form is due to an increase in GFP production. To quantify these results, cells were also subjected to flow cytometry analysis (Figure 7A). The advantages of this technique over enzymic reporter assays are that GFP levels are determined in individual cells using a large number of cells (20,000 cells/construct) and untransfected cells are discarded from the calculations thus removing any bias due to transfection efficiencies. This analysis revealed that the - and β-UTRs expressed the reporter 60-90% lower than the GFP vector control and whereas the γ-UTR produced 2-3 fold enhancement of expression (Figure 7B). Comparison of expression levels between the three variants reveals a 14-23 fold increase in GFP production by the mouse γ-UTR construct over the α-UTR (γ/α) and a 5-13 fold increase over the β-UTR (γ/β) (Figure 7C). The greatest differences in GFP intensities were seen in HaCaT cells. These data show that the γ-UTR facilitates expression of a heterologous protein whereas the α- and β-UTRs significantly suppress protein production.

In order to determine whether this suppression is due to the presence of uORFs or some other property of the longer UTRs, such as increased secondary structure, two additional constructs were made. The uORFs of the α-UTR variant were removed by mutating all four upstream ATG codons to TTG. Significantly, the mutant α-UTR construct expressed the reporter at levels that approached that of the γ-UTR construct (Figure 8). To ascertain whether the length of UTR sequence could influence expression levels, the inventors produced a γ-UTR multimer containing four copies of this sequence in the same orientation. The γ-UTR multimer, which contained 314 bp compared to the 307 bp of the α- variant, produced GFP levels that were only marginally lower than a single copy of the γ-UTR (Figure 8). Taken together these data show that the uORFs of the Glil UTRs play a major role in the suppression of protein production. In the following Examples, genetically modified plants were generated to show the effects of the GLIl leader sequences on gene expression.

EXAMPLE 9 Plant material and general growth conditions

Wild-type tobacco (Nicotiana tobaccum) line D38 was grown in the glasshouse to produce leaves for the transient assays with a GUS reporter gene carrying the various GLI 5' UTRs.

Wild-type Arabidopsis thaliana (C24) was used in stable transformation experiments. Seeds were sprinkled over moist, sterilised potting mix and covered with a thin layer of finely ground vermiculite. To synchronize germination, seeds were stratified by placing pots at 4°C for 3-5 days. Plants were then transferred to a growth cabinet and grown at 20°C under long days (16 hr photoperiod) to induce flowering. The soil was watered daily. Growth conditions for selection of transgenic Arabidopsis are given below.

EXAMPLE 10 General cloning techniques

Below is a summary of the cloning techniques used to generate the constructs.

Restriction enzyme digests

All restriction enzymes used in the construction of the vectors were provided by New England Biolabs and digests were carried out in the appropriate buffers as specified by the manufacturer. In general, three to five times the recommended dosage of enzyme was used. Digestions were carried out at 37°C for a mimmum of 3 hr to ensure complete digestion. Agarose gel electrophoresis and DNA fragment purification

Agarose gels were prepared using analytical grade agarose (Progen, Australia) dissolved in lx Tris borate EDTA (TBE). DNA samples were combined with gel loading buffer (62) and electrophoresed at 6V/cm. Following electrophoresis, gels were stained in ethidium bromide (0.5 μg/mL) and photographed on a UV transilluminator. DNA fragments were purified from agarose gels using Qiagen's QIAquick Gel Extraction Kit, following the manufacturer's instructions.

Ligation of plasmid DNA

All ligations except for those involving pGemT-easy were conducted using New England Biolabs T4 DNA ligase and the appropriate buffer in a volume of 10 or 20 μL at 16°C for 16 hr. A molar ratio of 1:3 (vector to insert) was most commonly used for intermolecular ligations, with a reaction containing either 100 ng for smaller E. coli cloning vectors or 300 ng for larger binary vectors.

Transformation ofDHSa competent cells

50 μL of DH5α competent cells were thawed on ice for approximately 10 min. The ligation reactions were then added to the cells, and incubated on ice for 30 min. The cells were then heat-shocked for 30 sec at 42°C and immediately placed back on ice for 5 min. An 800 μL aliquot of SOC media (62) was added and the cells were then incubated at 37°C for 1 hr. Either 50 or 100 μL of the solution was then spread onto LB plates containing the appropriate antibiotic and the plates incubated overnight at 37°C.

Screening colonies for ligation products

For initial cloning into pGEMT-easy, the selection was based on blue white selection (62). For other cloning experiments, colonies were selected at random (due to the lack of blue white selection) and sampled with a sterile pipette tip. The tip was then dipped into a 20 μL diagnostic PCR containing 0.2 μM of each diagnostic oligonucleotide primer (which varied depending on the ligation), 200 μM dNTPs, in a buffer containing 10 mM Tris (pH 8.3), 50 mM KCl, 1.5 mM MgCl₂, 0.001% w/v gelatin, and 0.5 U of Taq DNA polymerase. The pipette tip was then used to inoculate a 5 mL LB culture (containing the appropriate antibiotic), which was then incubated at 37°C with shaking (100 rpm) for 16 hr. Diagnostic primers were chosen to identify plasmids containing the appropriate insert. The PCR reactions were loaded into a PTC™- 100 Thermal Controller and after a 5 min 94°C hot start, were cycled as follows: 10 cycles at 94°C (15 sec), 60°C (15 sec), 72°C (45-180 sec depending on product size), then 25 cycles at 94°C (15 sec), 57°C (15 sec), 72°C (45-180 sec). PCR products were then run on an agarose gel and visualized to identify recombinant plasmids.

Plasmid purification

Cultures identified by PCR as containing the desired recombinant plasmids were subsequently minipreped using the BRESAspin™ (Geneworks) plasmid Mini-Kit following manufacturer's protocols. Diagnostic restriction enzyme digests were then performed to confirm the orientation or presence of the desired insert. If large quantities of the plasmid were required (e.g. for low copy number binary vectors), a larger volume (up to 400 mL) of LB containing the appropriate antibiotic was inoculated with a fresh colony containing the plasmid of interest and grown at 37°C with shaking (100 rpm) for 16 hr. The plasmid was then extracted using either the BRESApure™ (Geneworks) plasmid Midi-Kit or Maxi-kit (depending on culture volume), according to the manufacturer's instructions.

EXAMPLE 11 Amplification of GLI sequences for dimming constructs

The template for the PCR was lng of pGEMT-easy (Promega, USA) contaimng the respective α, β or γ sequences from murine GLIl. The 5' oligonucleotide primer used to amplify all sequences in the PCR was designated GLI5'-SαcI and its sequence was: 5'- TTGAGCTCAGTTCCAGCCCTGG -3' [SEQ ID NO:37]. A Sαcl site (underlined) was incorporated at the 5' end to facilitate later cloning steps. The 3' oligonucleotide primer designed to amplify all sequences was designated GLB'-NcoI and its sequence was: 5'- AACCATGGCGTCTCAGGGAA -3' [SEQ ID ΝO:38] and contained an Ncol (underlined) site.

The PCR was carried out on lng of template in a total volume of 20 μL in the presence of 0.1 μM of the primers, 200 μM of dΝTPs, 1.25 units of PFU DΝA polymerase in the recommended buffer (Stratagene, USA). The samples were loaded into a PTC™-100 Thermal Controller (MJ Research, Inc., MA, USA) pre-heated to 85°C. The PCR started with 10 cycles at 94°C (15 sec), 58°C (15 sec), 72°C (30 sec) followed by 25 cycles at 94°C (15 sec), 55°C (15 sec), 72°C (30 sec). The total PCR reactions were electrophoresed on a 2% w/v agarose gel and the products purified using the Qiagen QIAquick Gel extraction kit. The purified DΝA fragments were cloned into pGEMT-easy (Promega, USA) following the manufacturer's recommendations. The plasmid containing the α clone was called UQC1421, the plasmid containing the β fragment was designated UQC1431, and the plasmid containing the γ fragment was called pUQC1441. These fragments were subsequently authenticated by sequencing and comparison to the known sequences. Sequencing reactions were prepared using a PRISM Ready Reaction Bigdyedeoxy terminator kit (Applied Biosystems). The 20 μL reaction volumes contained 8 μL of reaction mix, 0.32 μM M13 F (5'-GGTTTCCCAGTCACCGAC-3' [SEQ ID ΝO:39]) or M13 R (5*-ACACAGGAAACAGCTATGACC-3' [SEQ ID NO:40]) and 500 ng of template plasmid. Twenty-five cycles of PCR were run at 94°C for 10 sec, 50°C for 5 sec and 60°C for 4 min. Excess dye terminators were removed from the reaction mixture by a sodium acetate/ethanol precipitation, according to the manufacturer's instructions. The reactions were run on an Applied Biosystem 377 DNA sequencer. These α, β and γ fragments were used to make the dimming constructs described below. EXAMPLE 12 Construction of dimming plasmids

Two Not I sites were created to facilitate the cloning of the 35S:g z^':GUS:ocs fransgene into the binary vector pUQC477. To achieve this, SLJ4D4 (Figure 10 A) was digested with EcoRI, and ligated to a linker containing a Notl site. The resulting construct, designated pUQC1401, was then used in an additional ligation step to introduce a second Notl. This was done by digesting pUQC1401 with HindRl and ligating to a linker containing another Notl site. The resulting plasmid was named pUQC1411 (Figure 10B).

The following procedures were used to make the murine GLIl α, β and γ dimming constructs. The dimming sequences were excised from pUQC1421 (α), pUQC1431 (β) and pUQC1441 (γ) with Sαcl and Ncol, and ligated into the corresponding sites between the 35S promoter and GUS coding sequence of pUQC1411. The resulting plasmids were designated pUQC1451 (α-GUS) [Figure 11A), pUQC1461 (0-GUS) [Figure 11B) and pUQC1471 (γ-GUS) [Figure 11C). These plasmids as well as the unmodified ρUQC1411 (Ω GUS) were used in the transient assays as well as further cloning steps.

The binary vector used for Arabidopsis transformation was called UQC477 and was a modified version of the vector pΝB96. pNB96 was digested with HindRl to remove a superfluous 1 kb insert. This vector was ligated to an oligonucleotide containing a Notl site that restored the HindRl site on one side of the ligation but not the other. The resulting construct (UQC477) contained a Notl site to facilitate cloning of the GUS fransgene inserts and HindRl site on one side to facilitate future cloning. Three binary constructs were created using UQC477 as a backbone. The plasmids pUQC1411 (Ω GUS fransgene),

UQC1451 (α GUS fransgene), pUQC1461 (β GUS fransgene), pUQC1471 (γ GUS fransgene) all contained Notl sites flanking the respective GUS fransgene. The Notl sites were used to excise the transgenes and insert them into the Notl site of the binary vector

UQC477. The inserts were orientated such that the 35S promoter of the GUS fransgene was adjacent to, but in the opposite direction to the truncated 35S promoter controlling the

BAR gene of the binary vector. The resulting binary vectors were called pUQC1481 (Ω GUS fransgene) [Figure 12A], pUQC1495 (α GUS fransgene) [Figure 12B], pUQC1501 (β GUS fransgene) [Figure 12C) and pUQC1511 (γGUS fransgene) [Figure 12D).

EXAMPLE 13 Transient GUS assays in tobacco leaves

Transient assays were performed using tungsten particle bombardment on tobacco leaves using a particle inflow gun. Tissue cultured tobacco leaves were cut into small pieces (approximately 0.5 cm²) and placed on damp Wattman paper inside a sterile petri dish. The tungsten particle/plasmid DNA suspension was prepared by mixing, 25 μl of sterile tungsten particles (100 ng/μl), 5 μl plasmid DNA (1 μg/μl), 25 μl CaCl₂ (2.5 M) and 10 μl spermidine 0.1 M) in a sterile Eppindorf. The mixture was incubated at 4°C for 5 minutes upon which 50 μl of the supernatant was removed and the remaining particles resuspended. 5 μl of the tungsten particle/DNA suspension was placed in the center of a screen in a syringe filter unit. The leaf pieces were placed 17 cm from the screen and protected by a baffle made of 500 mm nylon mesh. A vacuum of about 300 mm Hg was applied and the tungsten particles were discharged when helium at 80 PSI released. The leaf pieces were then incubated at 37°C over night and subsequently stained for GUS activity for 16 hr using a staining buffer consisting of 50 mM NaPO (pH 7.0), 5 mM K ferricyanide, 5 mM K ferrocyanide, 0.3% Triton X-100 and 5 mg X-Gluc (per 10 ml) in a 2 ml Eppindorf. Leaf pieces were then cleared of chlorophyll using 70% v/v EtOH and viewed for GUS expression.

EXAMPLE 14 Transformation of Arabidopsis thaliana

Arabidopsis thaliana was transformed using Agrobacterium tumefaciens via the floral dip method as described. The four constructs (pUQC1481, pUQC1495, pUQ1501 and pUQC1511) described below were transformed using the following summary of the floral dip. Conjugation of binary constructs into Agrobacterium tumefaciens

Binary vectors were conjugated into A. tumefaciens by a tri-parental mating method. Agrobacterium was grown in a 10 mL LB culture containing 50 μg/mL rifampicin for 36 hr at 28°C. Ten millilifre cultures containing 50 μg/mL of both a helper E. coli sfrain (pRK2013) and E. coli containing the binary vector of interest were grown for 12 hr at 37°C. Each culture was spun down at 3000 rpm for 10 min and the pellet resuspended in 1 mL of LB. On an LB plate free of selection, 30 μL of each suspension was combined together and grown at 28°C for 16 hr. A streak from this plate was then grown on a plate containing 50 μg/mL rifampicin, 50 μg/mL kanamycin for 48 hr at 28°C. A single colony from this plate was then selected and grown on a plate containing the same selection, at 28°C for 48 hr. The integrity of the fransgene in the A. tumefaciens was confirmed with a diagnostic PCR test.

Preparation of Agrobacterium for Arabidopsis transformation

A single transformed colony was used to inoculate a 5 mL LB pre-culture containing 50 μg/mL rifampicin and 50 μg/mL kanamycin. After 48 hr at 28°C, the pre-culture was used to inoculate a 250 mL LB solution containing 50 μg/mL kanamycin. This culture was grown for 18-24 hr at 28°C and spun down at 5000 rpm for 10 min.

Transformation of Arabidopsis

The transformed Agrobacterium pellet was resuspended in a 600 mL, 5% w/v sucrose solution and supplemented with 300 μL of the surfactant Silwet L-77 (0.05%). Plants which had their primary bolts clipped and had numerous secondary bolts with floral buds were used in the transformation. The above ground parts of the plant were submerged and mildly agitated for 3-5 seconds. The plants were then covered to maintain high humidity for 24 hr. The transformed plants were then grown normally and had seed catchers (modified plastic soft drink bottles) attached until the time of seed harvesting. Selection ofTl transgenics

Selection was carried out under phosphinothricin (PPT) selection (15 μg/mL) on IX MS media supplemented with 1% w/v sucrose (Merck, Australia) and 1% w/v agar (Becton Dickenson, USA).

In the following Examples, single and double nucleotide substitutions are made to GLIl leader sequences to infroduce AUG or GUG pseudo-initiation sites. The Ny is also provided.

EXAMPLE 15

M -UTR

aguuuccagcccuggaccacgcaucccgagcaccgcgccccgacggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuccaugaccaguuucugagaugaggguuagagguccccucauccuucccug agacgcc [SEQ ID NO:41].

N_v= 4.6

EXAMPLE 16 Ma-UTR +1 AUG

aguuucAUgcccuggaccacgcaucccgagcaccgcgccccgacggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuccaugaccaguuucugagaugaggguuagagguccccueauccuucccug agacgcc [SEQ IDNO:42].

Ny = 5.6 EXAMPLE 17 Ma-UTR + 2 AUG

aguuucAUgcccAUgaccacgcaucccgagcaccgcgccccgacggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuccaugaccaguuucugagaugaggguuagagguccccucauccuucccug agacgcc [SEQIDNO:43].

Ny = 6.6

EXAMPLE 18 Ma-UTR + 3 AUG

aguuucAUgcccAUgaccaUgcaucccgagcaccgcgccccgacggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuccaugaccaguuucugagaugaggguuagagguccccucauccuucccug agacgcc [SEQ ID NO:44].

Ny = 7.6

EXAMPLE 19

Ma-UTR + 4 AUG

aguuucAUgcccAUgaccaUgcaucccgagcaccgcgccccgacggaUgucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuc c augac c aguuucugagaugaggguuagagguc c c cue auc cuuc c cug agacgcc [SEQ ID NO:45].

Ny=8.6

EXAMPLE 20 Ma-UTR + 5 AUG

aguuucAUgcccAUgaccaUgcaucccgagcaccgcgccccgacggaUgucucuAugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagagacuguggauccccaag acugaacggcugcuucugcccacucuuugggauguuucuucuuaaggaagcugaaaaacg uuauugauuuccaugaccaguuucugagaugaggguuagagguccccucauccuucccug agacgcc [SEQ IDNO:46].

Ny = 9.6

EXAMPLE 21 Mβ-UTR + I AUG

aguuuccagccAuggaccacgcaucccgagcaccgcgccccgacggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagguccccucauccuucccu gagacgcc [SEQ BDNO:47].

Ny= 2.3 EXAMPLE 22 Mβ-UTR + 2AUG

aguuuccagccAuggaccacgcaucccgagcaccgcgccccgaUggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagguccccucauccuucccu gagacgcc [SEQ IDNO:48].

EXAMPLE 23 Mβ UTR + 3 AUG

aguuuccagccAuggaccacgcaucccgagcaccgcgccccgaUggaggucucuuugucc gcgccucucccacauacuagaaaucucucccuuucuugagguugggaugaagaagcaguu gggacggccagcuggaggucugcgugguagagggaacuccagguccccucauccuuccAu gagacgcc [SEQIDNO:49].

N_v = 4.3

EXAMPLE 24 My UTR + 1 AUG

aguuuccagccAuggaccacgcaucccgagcaccgcgccccgacggagguccccucaucc uucccugagacgcc [SEQ ID NO:50].

Nv = l EXAMPLE 25 My UTR + 2 AUG

aguuuccagccAuggaccaUgcaucccgagcaccgcgccccgacggagguccccucaucc uucccugagacgcc [SEQ ID NO:51].

N v

EXAMPLE 26 My UTR + 3 AUG

aguuuccagccAuggaccaUgcaucccgagcaccgcgccccgaUggagguccccucaucc uucccugagacgcc [SEQ ID NO:52].

Ny = 3

EXAMPLE 27 H/3UTR+1 UG

agacuccagccAuggaccgcgcaucccgagcccagcgcccagacagagucuguguaucuc ugucucagggaaccgugggucuuugucuccgccucucccauauauuagaaauaucuuacu uucaugcgguuaaguugaagaggcuggagggauggcuagcuggaugucugcguuguagag agguaaccccaguguccccacacccuccucugagacgcc [SEQ ID NO:53].

Ny =4.9

EXAMPLE 28 Hβ UTR + 2 AUG

agacuccagccAuggaccgcgcauGccgagcccagcgcccagacagagucuguguaucuc ugucucagggaaccgugggucuuugucuccgccucucccauauauuagaaauaucuuacu uucaugcgguuaaguugaagaggcuggagggauggcuagcuggaugucugcguuguagag agguaaccccaguguccccacacccuccucugagacgcc [SEQ ID NO:54].

Ny=5.9

EXAMPLE 29

Hβ UTR + 3 AUG

agacuccagccAuggaccgcgcauGccgagcccagcgcccagacagagucuguguauGuc ugucucagggaaccgugggucuuugucuccgccucucccauauauuagaaauaucuuacu uucaugcgguuaaguugaagaggcuggagggauggcuagcuggaugucugcguuguagag agguaaccccaguguccccacacccuccucugagacgcc [SEQ ID NO:55].

Ny-6.9

EXAMPLE 30 Hy UTR + l AUG

agacuccagccAuggaccgcgcaucccgagcccagcgcccagacagaguguccccacacc cuccucugagacgcc [SEQIDNO:56].

EXAMPLE 31 Hy UTR + 2 AUG

agacuccagccAuggaccgcgcauGccgagcccagcgcccagacagaguguccccacacc cuccucugagacgcc [SEQ ID NO:57].

Ny= 2.3 EXAMPLE 32 Hy UTR + 3 AUG

agacuccagccAuggaccgcgcauGccgagcccagcgcccagacagaguguccccacacc cuccucugagaUgcc [SEQ ID NO: 58].

Ny = 3.3

Those skilled in the art will appreciate that the invention described herein is susceptible to variations and modifications other than those specifically described. It is to be understood that the invention includes all such variations and modifications. The invention also includes all of the steps, features, compositions and compounds referred to or indicated in this specification, individually or collectively, and any and all combinations of any two or more of said steps or features.

TABLE 1 Primer sequences 1

Exons are numbered according to Figures IB and 4B

TABLE 2 Primer sequences 2

Names Nucleotide Sequence"* mGliFl™¹⁶ gctagcagtttccagccctggaccacg :SEQ ID NO: 29] mGliR2^Age accggtggcgtctcagggaaggatgag SEQ ID NO : 30] mGliFl^Bara ggatccagtttccagccctggaccacg ;SEQ ID NO:27] mGliR2^Bgl agatetggcgtctcagggaaggatgag ^'SEQ ID NO : 28 ] mGliMFl tcttgaggttgggttgaagaagcagtt :SEQ ID NO: 19] mGliMRl aactgcttcttcaacccaacctcaaga ^"SEQ ID NO: 23] mGliMF2 cccactctttgggttgtttcttcttaa :SEQ ID NO: 20] mGHMR2 ttaagaagaaacaacccaaagagtggg ;SEQ ID NO: 24] mGliMF3 gttattgatttccttgaccagtttctg ^'SEQ ID NO: 21] mGliMR3 cagaaactggtcaaggaaatcaataac .SEQ ID NO:25] mGliMF4 accagtttctgagttgagggttagagg ^'SEQ ID NO: 22] mGHMR4 cctctaaccctcaactcagaaactggt SEQ ID NO:26]

Primers mGliFl™¹⁶, mGliR2^Age and mGliFl^Bam, mGliR2^Bgl are identical to mGliFl and mGliR2 (Table 1) but include restriction sites for Nhel, Agel, BamΕR and BglR respectively (shown in bold).

The point mutations (A→T) introduced by primers mGliMFl -4 SEQ ID NOS : 19- 22] and mGliMRl -4 [SEQ ID NOS:23-26] are shown underlined. BIBLIOGRAPHY

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Claims

1. A method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic translation start site, said method comprising introducing or removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic franslation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

2. A method according to Claim 1 wherein the expression is increased by the removal of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic translation initiation site.

3. A method according to Claim 1 wherein the expression is decreased by the introduction of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic translation initiation site.

4. A method according to Claim 1 or 2 or 3 wherein the RTG or RUG triplets in the 5' nucleotide sequence upsfream of the authentic translation initiation site is ATG or AUG.

5. A method according to Claim 4 wherein the triplet is ATG.

6. A method according to Claim 4 wherein the triplet is AUG.

7. A method according to any one of Claims 1 to 6 further comprising infroducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation imtiation site and/or in a 3' region to create or destroy a pseudo-ORF.

8. A method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an ATG or AUG corresponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic translation start site, said method comprising introducing or removing one or more ATG or AUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

9. A method according to Claim 1 or 8 wherein the genetic sequence is DNA.

10. A method according to Claim 1 or 8 wherein the genetic sequence is RNA.

11. A method according to any one of Claims 8 to 10 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation initiation site and/or in a 3' region to create or desfroy a pseudo-ORF.

12. A method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG corresponding to an authentic translation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising introducing or removing one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

13. A method according to Claim 12 wherein the expression is increased by the removal of one or more RTG triplets, wherein R is A or G in the 5' nucleotide sequence upsfream of the authentic translation initiation site.'

14. A method according to Claim 12 wherein the expression is decreased by the introduction of one or more RTG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic translation initiation site.

15. A method according to Claim 12 or 13 or 14 wherein the RTG triplets in the 5' nucleotide sequence upstream of the authentic translation initiation site is ATG.

16. A method according to any one of Claims 12 to 15 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

17. A method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RUG corresponding to a franslation initiation site of said ORF where R is A or G and a nucleotide sequence 5' of said translation start site, said method comprising introducing or removing one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

18. A method according to Claim 16 wherein the expression is increased by the removal of one or more RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic franslation initiation site.

19. A method according to Claim 16 wherein the expression is decreased by the introduction of one or more RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic franslation initiation site.

20. A method according to Claim 16 or 17 or 18 wherein the RUG triplets in the 5' nucleotide sequence upstream of the authentic translation initiation site is AUG.

21. A method according to any one of Claims 17 to 20 further comprising infroducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic franslation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

22. A method for facilitating increased or elevated expression of a genetid sequence wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG or RUG triplet.

23. A method according to Claim 22 wherein the triplet removed from the nucleotide sequence 5' of the authentic translation initiation site is ATG.

24. A method according to Claim 22 wherein the triplet removed from the nucleotide sequence 5' of the authentic translation initiation site is AUG.

25. A method according to any one of Claims 22 to 24 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic franslation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

26. A method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RTG wherein R is A or G corresponding to An authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising removing one or more RTG triplets in said 5' nucleotide sequence upsfream of said authentic translation imtiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RTG triplet.

27. A method according to Claim 26 wherein the triplet removed from the nucleotide sequence 5' of the authentic translation initiation site is ATG.

28. A method according to any one of Claims 26 or 27 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

29. A method for facilitating increased or elevated expression of a genetic sequence wherein said sequence comprises an ORF having an RUG wherein R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic franslation initiation site, said method comprising removing one or more RUG triplets in said 5' nucleotide sequence upstream of said authentic franslation initiation site such that upon expression of said genetic sequence, there is an increase in the level of expression relative to expression of the genetic sequence in the absence of removal of any RUG triplet.

30. A method according to Claim 29 wherein the triplet removed from the nucleotide sequence 5' of the authentic translation initiation site is AUG.

31. A method according to any one of Claims 29 or 30 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

32. A method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG where R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising infroducing or creating one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RTG or RUG triplets.

33. A method according to Claim 32 wherein the triplet removed from the nucleotide sequence 5' of the authentic franslation initiation site is ATG.

34. A method according to Claim 32 wherein the triplet removed from the nucleotide sequence 5' of the authentic franslation initiation site is AUG.

35. A method according to any one of Claims 32 to 34 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

36. A method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RTG where R is A or G corresponding to an authentic translation initiation site of said ORF and a nucleotide sequence 5' of said authentic translation initiation site, said method comprising infroducing or creating one or more RTG triplets in said 5' nucleotide sequence upstream of said authentic franslation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RTG triplets.

37. A method according to Claim 36 wherein the triplet introduced or created in the nucleotide sequence 5' of the authentic translation initiation site is ATG.

38. A method according to any one of Claims 36 or 37 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic franslation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

39. A method for facilitating decreased or reduced expression of a genetic sequence wherein said sequence comprises an ORF having an RUG where R is A or G corresponding to an authentic translation initiation site and a nucleotide sequence 5' of said authentic franslation initiation site of said ORF, said method comprising introducing or creating one or more RUG triplets in said 5' nucleotide sequence upsfream of said authentic translation initiation site such that upon expression of said genetic sequence there is a decrease in the level of expression relative to expression of the genetic sequence in the absence of introducing or removing any RUG triplets.

40. A method according to Claim 39 wherein the triplet introduced or created in the nucleotide sequence 5' of the authentic franslation initiation site is AUG.

41. A method according to any one of Claims 39 or 40 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic franslation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

42. A method for modulating the expression of a genetic sequence wherein said sequence comprises an ORF having an RTG or RUG corresponding to an authentic translation initiation site and a nucleotide sequence 5' of said authentic translation start site comprising the sequence:-

[x x₂ ^πx₃ ^I]_r{nf^In₂ ^π ...n-}_s[y₁ ^IIIy₂ ^πy₃ ^m]RT/UG [z₁z₂...z_n]_t

wherein: RT/UG is the authentic translation initiation site and R is A or G; n, n¹, n¹¹ and n^ιπ are nucleotides selected from A, T or U, C or G or I; ι₂ ... n_a }_m , {n|n₂. }₀ , {n nⁿ ₂ ..x }_q and {nj^πn₂ ^π ...n }_s represent nucleotide sequences of a, b, c or d nucleotides in length and where each of n, n¹, n¹¹ and n^πι may be the same or different and its position is indicated by the subscript numeral i, , ...,

[z^ ..^] represents a translation termination signal within an authentic

ORF but not in the same reading frame as said authentic ORF; each of m, n, o, p, q, r or s may be the same or different and each is 0 or 1 or if there is a repeat or multiple repeats, from about 2 or about 10; t is 0,1 or >l; each of [x₁x₂ ^χ ₃]„ ₅ [^χϊ^χ ₂ ^x ₃j_p ^anα'

i^s selected from the triplet RTG, RUG, RYG, RTY¹, RY^πG, RUY^m, ATG, GTG, AUG and GUG where R is A or G, and each of Y, Y¹, Y¹¹ and Y^ιπ may be the same or different and each is a nucleotide with the proviso that Y is not T, Y¹ is not G, Y^π is not U and Y^πι is not G; each of

^an(i

represents a translation termination signal; and said method comprising altering the nucleotide triplets [X_XXA _J

[xjx^j_p and/or [x₁ ^IIx₂ ^Ix₃ ^IJ_r to introduce or remove an RTG or RUG to thereby respectively decrease or increase the level of expression of said genetic sequence.

43. A method according to Claim 42 wherein the genetic sequence is DNA

44. A method according to Claim 42 wherein the genetic sequence is RNA.

45. A method according to Claim 42 or 43 or 44 wherein the nucleotide sequence 5' of the authentic translation imtiation site is:- wherein:

n_x is the first nucleotide in a leader sequence; x is 1 or >1 (e.g. 100, 1000, 10,000 or greater); i is 1; _z is an integer from 1 to 10; n_x+z is the last nucleotide of the 5' leader sequence prior to the translation initiation site;

wherein each n may be the same or different and each is A, C, G, U or T

and wherein a numerical value (Ny) is assigned to a genetic element such that if:-

π.χ+i n, as defined above; n_x+i+ι A; n_x+i+₂ T or U; and n_x+i+₃ G

then the Ny is 1;

when

n_x+i n, as defined above;

n_x+i+₃ G

then the Ny is 0.3;

and when: n_x+i = n as defined above;

Hχ+i+1 = C or G; n_x+i+2 = T or C or G; and

Hχ+i+3 = A, T or C

then the Ny is 0;

such that the level of expression (E ) of a nucleotide sequence operably linked at its 5' end to n_xn_x+ι ... n_x+z is inversely functionally associated (*) to the sum of Ny determined from the nucleotide sequence n_xn_x+ι ... n_x+z such that

E_L

∑N

46. A method according to Claim 42 or 45 wherein the nucleotide sequence 5' of the authentic translation initiation site is derived from the GLIl gene leader sequence.

47. A method according to Claim 46 wherehrthe GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:l or its complementary form under low stringency conditions.

48. A method according to Claim 46 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:2 or its complementary form under low stringency conditions.

49. A method according to Claim 46 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO: 3 or its complementary form under low stringency conditions.

50. A method according to Claim 46 wherein the GLIl gene leader sequence is derived from a human and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:4 or its complementary form under low stringency conditions.

51. A method according to Claim 46 wherein the GLIl gene leader sequence is derived from a human comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:5 or its complementary form under low stringency conditions.

52. An isolated nucleic acid for use in modulating the expression of a genetic sequence wherein said genetic sequence comprises a coding region comprising a translation initiation site and optionally a 5' leader sequence such that said nucleotide sequence comprising a predetermined number of RTG or RUG triplets such that upon operable linkage to the 5' end of the genetic sequence, the level of expression of said genetic sequence is determined by the number of RTG/RUG triplets.

53. A method according to Claim 52 wherein the triplet in the 5' leader sequence is ATG.

54. A method according to Claim 52 wherein the triplet in the 5' leader sequence is AUG.

55. A nucleic acid molecule according to Claim 53 or 54 wherein the nucleotide sequence 5' of the authentic translation initiation site is derived from the GLIl gene leader sequence.

56. A nucleic acid molecule according to Claim 55 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:l or its complementary form under low stringency conditions.

57. A nucleic acid molecule according to Claim 55 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:2 or its complementary form under low stringency conditions.

58. A nucleic acid molecule according to Claim 55 wherein the GEH gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:3 or its complementary form under low stringency conditions.

59. A nucleic acid molecule according to Claim 55 wherein the GLIl gene leader sequence is derived from a human and comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:4 or its complementary form under low stringency conditions.

60. A nucleic acid molecule according to Claim 55 wherein the GLIl gene leader sequence is derived from a human comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:5 or its complementary form under low stringency conditions.

61. A genetic construct comprising a promoter linked to a genetic element and one or more restriction endonuclease sites to facilitate insertion of a nucleotide sequence to be expressed by said promoter wherein said genetic element comprises a predetermined number of pseudo-translation initiation RTG/RUG triplets wherein R is A or G such that the level of expression of said nucleotide sequence by said promoter is inversely functionally associated with the number of RTG/RUG triplets in said genetic element.

62. A genetic construct according to Claim 61 wherein the genetic element comprises the nucleotide sequence:-

n_xn_x+; ... n_x+z

wherein:

wherein each n may be the same or different and each is A, C, G, U or T or I

n_x+i = n, as defined above; n_x+i+ι = A;

n_x+i+₃ = G then the Ny is 1;

when

n_x+i n, as defined above;

n_x+i+₂ T or U; and n_x+i+₃ G

then the Ny is 0.3;

and when: -

n_x+i n as defined above;

n_x+i+₂ T or C or G; and

then the Ny is 0;

such that the level of expression (E_L) of a nucleotide sequence operably linked at its 5' end to n_xn_x+ι ... n_x+z is inversely functionally associated (*) to the sum of Ny determined from the nucleotide sequence n_xn_x+ι ... n_x+z such that

1

E_L *

∑N_λ

63. A genetic construct molecule according to Claim 62 wherein the genetic element comprises 5' leader sequence from the GLIl gene.

64. A genetic construct according to Claim 63 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SEQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SEQ ID NO:l or its complementary form under low stringency conditions.

65. A genetic construct according to Claim 63 wherein the GEH gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:2 or its complementary form under low stringency conditions.

66. A genetic construct according to Claim 63 wherein the GLIl gene leader sequence is derived from a murine animal and comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:3 or its complementary form under low stringency conditions.

67. A genetic construct according to Claim 63 wherein the GLIl gene leader sequence is derived from a human and comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:4 or its complementary form under low stringency conditions.

68. A genetic construct according to Claim 63 wherein the GLIl gene leader sequence is derived from a human comprises the nucleotide sequence set forth in SΕQ ID NO:l or a nucleotide sequence having at least 60% similarity thereto or a nucleotide sequence capable of hybridizing to SΕQ ID NO:5 or its complementary form under low stringency conditions.

69. A method for modulating expression of a genetic sequence which genetic sequence comprises an ORF with an authentic franslation initiation site and further comprising a sequence upsfream of said authentication franslation imtiation site where said method comprises introducing, creating or removing one or more pseudo-translation initiation triplets having the structure RWG wherein R is A or G and W is T or U in combination with infroducing, creating or removing a Kozac or Kozac-like sequence proximal to said RWG such that the number of RWG triplets and Kozac or Kozac-like sequences is inversely functionally associated with expression of said genetic sequence.

70. A method according to Claim 69 wherein the pseudo-translation initiation triplet is ATG.

71. A method according to Claim 69 wherein the pseudo-translation imtiation triplet is GTG.

72. A method according to Claim 69 wherein the pseudo-translation initiation triplet is AUG.

73. A method according to Claim 69 wherein the pseudo-translation initiation triplet is GUG.

74. A method according to Claim 69 wherein the introduction, creation or removal of a pseudo-translation initiation triplet creates the sequence: -

RnCCRWGn [SEQ ID NO: 11]

wherein:

R is A or G; n is any nucleotide; and

W is T or U.

75. A method for modulating the expression of a genetic sequence in a plant cell wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G conesponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic translation start site, said method comprising infroducing or removing one or more RTG or RUG triplets in said 5' nucleotide sequence upstream of said authentic franslation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

76. A method according to Claim 75 wherein the expression is increased by the removal of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic translation initiation site.

77. A method according to Claim 75 wherein the expression is decreased by the introduction of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upsfream of the authentic translation initiation site.

78. , A method according to Claim 75 or 76 or 77 wherein the RTG or RUG triplets in the 5' nucleotide sequence upstream of the authentic translation initiation site is ATG or AUG.

79. A method according to Claim 78 wherein the triplet is ATG.

80. A method according to Claim 78 wherein the triplet is AUG.

81. A method according to any one of Claims 75 to 80 further comprising infroducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic translation imtiation site and/or in a 3' region to create or destroy a pseudo-ORF.

82. A method according to Claim 75 or 81 wherein the plant cell is from a cereal crop, a vegetable plant, a fruiting plant, a flowering plant or cotton or tobacco.

83. A method according to Claim 82 wherein the plant cell is from cotton.

84. A method according to Claim 82 wherein the plant cell is from a cereal crop.

85. A method according to Claim 82 or 83 or 84 wherein the target sequence whose expression is modulated confers resistance to a herbicide.

86. A method according to Claim 82 or 83 or 84 wherein the target sequence whose expression is modulated confers resistance to a pesticide.

87. A method for modulating the expression of a genetic sequence in an animal cell wherein said sequence comprises an ORF having an RTG or RUG wherein R is A or G conesponding to an authentic translation site of said ORF and a nucleotide sequence 5' of said authentic franslation start site, said method comprising introducing or removing one or more RTG or RUG triplets in said 5' nucleotide sequence upsfream of said authentic translation initiation site such that upon expression of said genetic sequence, there is a respective decrease or increase in the level of expression.

88. A method according to Claim 87 wherein the expression is increased by the removal of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic franslation initiation site.

89. A method according to Claim 87 wherein the expression is decreased by the introduction of one or more RTG or RUG triplets, wherein R is A or G in the 5' nucleotide sequence upstream of the authentic translation initiation site.

90. A method according to Claim 87 or 88 or 89 wherein the RTG or RUG triplets in the 5' nucleotide sequence upstream of the authentic franslation initiation site is ATG or AUG.

91. A method according to Claim 90 wherein the triplet is ATG.

92. A method according to Claim 90 wherein the triplet is AUG.

93. A method according to any one of Claims 87 to 92 further comprising introducing or removing one or more termination signals in the 5' nucleotide sequence, the coding sequence or downstream of the authentic franslation initiation site and/or in a 3' region to create or destroy a pseudo-ORF.

94. A method according to Claim 87 or 93 wherein the animal cell is a mammalian cell.

95. A method according to Claim 87 or 93 wherein the animal cell is a human cell.